The Ontario Land Tribunal recently deliberated on the Motion to Dismiss, without a hearing, brought by Windmill on case OLT-23-001110- 2475 Regina Street. The application for a 6-storey residential building, situated above a reconstructed Parkway House, along with residential towers of 19 and 25 storeys, totaling 510 residential units, had previously received approvals from both the Planning and Housing Committee and Council. The OLT has subsequently granted further approval.
For a comprehensive understanding of the decision, please refer to the Ontario Land Tribunal’s website and search for “2475 Regina Street.”
A notable aspect of the decision revolves around the Official Plan’s subpolicy 12.3(1)(j), which addresses potential planning considerations for density in relation to transit. The policy stipulates that a proposed high-rise building must be within a 300-meter radius or 400 meters walking distance, whichever is greater, of an existing or funded rapid transit station, with adequate dimensions for a transition to adjacent areas in built form massing.
The OLT acknowledged ongoing discussions about the accurate measurement of walking distance to the future Lincoln Fields LRT Station but affirmed the existence of legitimate planning grounds and a reasonable interpretation of the City’s Official Plan (OP).
The decision articulates the following:
“Firstly, it is now established that official plans are not statutes and should not be construed as such. They should be given a broad, liberal interpretation with a view to furthering policy objectives, specifically in the context of OLT-23-001110. Additionally, policy 1.4 of the City’s OP underscores its integrated nature, emphasizing that the OP should be read as a whole. Consequently, subpolicy 12.3(1)(j) cannot be isolated from the remainder of the City’s OP.”
The City’s OP outlines broad strategic policy objectives, favoring growth through intensification, directing intensification towards Hubs and Corridors, supporting sustainable transportation and transit-oriented development, and promoting the evolution towards 15-minute neighborhoods. The Appellants’ interpretation of subpolicy 12.3(1)(j) was deemed to undermine the need to interpret the City’s OP to advance these broad policy objectives.
In straightforward terms, the OP’s policies are not akin to statutes and must be subject to various interpretations, considering their connection to other policies within the OP. The OP places a specific emphasis on growth through intensification in Hubs and Corridors, with a focal point on transit access to concentrate density, thereby supporting sustainable transportation and the City’s environmental goals, including GHG reduction.
Consequently, the OLT asserts that the application for 2475 Regina Avenue should be viewed within the context of these overarching policies. Despite disagreements regarding specific meters from the transit station, a holding provision remains for this development. Staff members are actively collaborating with the NCC regarding the pathway connection to the LRT station and its winter maintenance needs. The OLT, in its decision, contends that tying the decision to a rigid 300 or 400 meter radius, without flexibility, contradicts the general policies of the OP. Therefore, some flexibility in these numbers is deemed necessary, especially when considering the broader policies of the OP to include density in Hubs and Corridors and near transit. The decision highlights the impracticality of disallowing applications for high-rise development based on minimal deviations from distance thresholds, such as a 301-meter radius or 401-meter walking distance, to a transit station that is yet to be fully constructed but fully funded.
The development is set to progress to the Site Plan stage, and efforts will persist to advocate for winter maintenance of the NCC pathway as an integral part of this development. My office is actively collaborating with staff regarding Regina Street, focusing on the need for sidewalks and traffic calming measures to ensure the safety of current and future residents, enabling them to navigate to their places of school, work, and nearby amenities securely.
