LPAT Dismissed City of Burlington's Request to Review Development Application

Editor’s Note: This article, orginally titled ‘This New Development May Not See the Light of Day’ previously stated that the development may not be coming to the City of Burlington. This was incorrect. The LPAT has just dismissed the city’s request for it to review the Ontario Municipal Board's (OMB) decision regarding 374 and 380 Martha St. The article has been corrected. We regret the error.

The Local Planning Appeals Tribunal (LPAT) has dismissed the city’s request for it to review a development proposal.

A 26-storey development.

According to the city, the Local Planning Appeals Tribunal (LPAT) has dismissed the city's request for it to review the Ontario Municipal Board's (OMB) decision regarding 374 and 380 Martha St.

The OMB announced a decision on Feb. 13, 2018, regarding these development applications that allows 26 storeys.

The city filed a Section 43 review request to the Executive Chair of the OMB back in March of 2018.

The city requested the review stating that there were four errors made by the OMB: Incorrect Application of the Growth Plan, Improper Regard for Council Decisions and Materials, Improper Exclusion of Evidence and Unreasonable Findings with Respect to Tower Separation.

In making its decision Paul Muldoon, LPAT member, concluded that the city did not make a 'convincing and compelling' case that any of the listed errors or grounds cited in its rules to grant a review was applicable.

The proposal of the 26-storey development includes a revised official plan and rezoning applications to allow a 26-storey condominium building with 240 units, six levels of underground parking, driveway access from Martha Street, and retail units that front onto Lakeshore Road.

Photos courtesy of the City of Burlington.

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