Backgrounder on Appeals before Local Planning Appeal Tribunal
Nov 5, 2018
As part of the development process for the Kingsway Entertainment District, a number of appeals were filed with the Local Planning Appeal Tribunal (LPAT) for the Official Plan amendment and rezoning of land on the Kingsway. The first step in the appeals process is the case management conference, which will take place on Tuesday, November 6, 2018.
The City is confident that the decisions in respect to the official plan amendment and rezoning are consistent with the Provincial Policy Statements, and conforms to the Growth Plan for Northern Ontario and the City’s Official Plan, and that the planning application was processed in accordance with the Planning Act.
The following information is provided as background to the appeals process.
• As part of the process to develop the Kingsway Entertainment District, the following applications were submitted by the Property Owner, 1916596 Ontario Ltd., for lands located on the north side of the Kingsway, northwest of Levesque Street in Sudbury:
• Applications for an official plan amendment and rezoning to permit a casino on approximately 6.96 hectares of land – see the application here http://agendasonline.greatersudbury.ca/?pg=agenda&action=navigator&id=1220&lang=en
• An application for rezoning to permit a public arena on approximately 11.96 hectares of land – see the application here http://agendasonline.greatersudbury.ca/?pg=agenda&action=navigator&id=1291&lang=en
• An application for rezoning to permit a parking lot as a permitted use in the M2, Light Industrial and M3, Heavy Industrial zones – see the application here http://agendasonline.greatersudbury.ca/?pg=agenda&action=navigator&id=1291&lang=en
• The LPAT hears cases in relation to a range of municipal planning, financial and other matters.
• The LPAT will determine whether any changes must be made to the applications to ensure consistency and conformity with the relevant planning documents and legislation.
• The LPAT process is a legal proceeding. The case management conference on November 6 is procedural and, according to LPAT, intended to allow the tribunal to “identify facts that may be agreed upon, and provide directions for disclosure of information.”
• The Appellants, the municipality and approval authority will participate in the case management conference. Persons other than the appellant, municipality or approval authority, who wish to participate in the case management conference, are required to pre-file a written submission. The Tribunal shall determine, from among the persons that have provided written submissions, whether that person may participate in the case management conference, and the terms upon which a person is allowed to participate. A Tribunal may also appoint one person, who filed a written submission to represent a class of persons, as either a party or participant at the case management conference and at any hearing, or any other hearing event, that may be directed by the Tribunal.
• Both Gateway and the Property Owner have applied for Party status.
• The City will be represented by legal counsel during the case management conference.
• The case management conference on November 6 is procedural. The City expects the outcome to be direction from LPAT with respect to next steps in the appeal process. It is not expected that decisions will be rendered related to the appeals.
• For more information on the Kingsway Entertainment District project, see the City’s website at https://www.greatersudbury.ca/city-hall/current-projects/large-projects1/kingsway-entertainment-district-and-arena-event-centre/