Does anyone have any indication of what became of this at the LPAT hearing? I know 49 Spadina ended up with an agreement and I'm pretty sure these were being heard together.
Hmm, quiet here for the past 4 months...with all the action going on down there i'm curious of the results @ the LPAT/OMB?
As a matter of procedure, form and fairness, the City’s reliance upon staff-initiated directives which have not been enacted in accordance with the planning policy structure in the Province, and in accordance with the regulatory requirements of the Act, is problematic and objectionable in a number of respects. First where “directives” intended to guide development applications have not been formally adopted into an Official Plan or Secondary Plan, or Zoning By-law, they have by-passed the mandatory requirements of the Act relating to public consultation, formal adoption and enactment, and the rights of appeal granted by the Province to every person. The avoidance of that process gives rise to a number of failings, not the least of which is the dispensing off the public consultation process, which is a foundation of planning in every municipality, that permits the stakeholders and residents the opportunity to provide input. When this has not occurred the larger public interest has not been served.
...the Tribunal concludes that practically speaking there is no in-force policy or guideline that provides a designated or maximum height for the buildings such as those proposed in this Development.
I mean it had already sort of started to die - 19 Duncan as well of course Mirvish-Gehry had broken the mythical 157m mark, but this more or less blows it out of the water. And rightfully so, it has long been a policy that the city enforced without having any actual policy to stand on. Same with their damn "clothesline" crap that they came up with.That decision is a really interesting one. They've essentially struck down the Entertainment District height transition down from University toward Spadina. That height transition was never codified in the official plan or zoning by-law and thus, in the opinion of the LPAT, was never actually policy:
I imagine that parts of this decision will set a broader precedent across the Entertainment District.