Phasing Timeline is the Main Issue
IN8 will develop the project in four phases.
City of Hamilton approval policies state that site plan approvals lapse after 15 months.
“That in the event all required building permits for the Conditionally Approved plans and drawings have not been issued within 15 months from the date of Conditional site plan approval, the approval shall lapse and no further extensions shall be granted, in accordance with Council direction dated May 27, 2020,” states the City’s 2022 conditional approval for the project.
IN8’s lawyer, Rodney Gill, writes that the 15-month condition, which stipulates that all required building permits for the project must be issued within 15 months from the date of conditional site plan approval, is a significant impediment to the project.
“The 15 Month Condition, and several other provisions in the Conditional Approval are impediments to realizing this important project and … does not provide for phasing of the Proposed Development as would be appropriate given its scale,” Gill wrote in the appeal letter to the Ontario Land Tribunal.