On January 3, 2023, the Tribunal issued a decision finding that an application “made” under the Planning Act was only “made” once all materials required by the City pursuant to of the Planning Act and the Burlington Official Plan were filed.
Burlington 2020 Lakeshore Inc. v Burlington (City), 2023 CanLII 410 (ON LT) is an appeal that concerns a refusal by the City of the Applicant’s request for a zoning by-law and official plan amendment to redevelop the lands located at 2020 Lakeshore Road and construct a new mixed-use building with two towers ranging from 30-35 storeys in height (OLT-22-003866).
The motion was made in the context of a decision by the Minister on November 10, 2021, pursuant to their authority under Subsection 17(34) of the Planning Act to approve, with modifications, the Regional Official Plan Amendment 48 (“ROPA 48”). Notably, ROPA 48 moves the Urban Growth Centre (“UGC”) in the Halton Official Plan from Downtown Burlington (where the subject lands are located) to an area centred around the Burlington GO Station. This move results in the subject lands no longer being located within the UGC.
Sections 80 to 80.2 of the Regional Official Plan ("ROP"), as amended by ROPA 48, provides the objectives and policies that apply to UGCs. The motion focused on the interpretation of a transition provision added by Minister under Section 80.3 to address adjusted UGC boundaries, which reads as follows: