Property developer takes Town of Whitby to Ontario Land Tribunal

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Published November 3, 2021 at 12:34 pm

Whitby Brock Estates proposed apartment project

A Whitby property developer is taking the Town to mediation to settle a dispute over a re-zoning application.

Whitby Brock Estates will be asking the Ontario Land Tribunal to adjudicate the lack of a ruling by the Town whether to rezone a mixed use area on Brock Street North to a high density area.

Had the area been redesignated, the property would have become a seven-storey, 119 apartment building at 423-435 Brock Street North, replacing four detached homes on the property.

The site sits at the edge of Whitby’s Intensification area, outlined in the Whitby Official plan designed to accommodate a population boom expected in the coming years.

However, according to the Ontario Land Tribunal (OLT) filing, Whitby council never passed the by-law amendment that would have allowed construction, even after a presentation to council on January 13, 2020.

Whitby Brock conducted 12 feasibility studies in preparation for the project starting in 2019. They include a rationale report, servicing and stormwater management reports, noise feasibility studies, and a geotechnical report.

The OLT is a new adjudication committee founded in June 2021. It amalgamated five older land tribunals previously responsible for mediating conflicts in heritage, expropriations and environmental issues.

The participants have to begin submitting witness lists on November 22. Evidence the begin to be filed in January. Filings will follow a set schedule until the hearing, which will run from March 21-25, 2022.

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