LPAT dismisses Burlingtons request to review Martha Street highrise decision

The Local Planning Appeal Tribunal has dismissed a request from the City of Burlington to review a decision concerning a 26-storey highrise across from the citys downtown waterfront.

The Ontario Municipal Board, which was replaced by LPAT in April, released a decision in February siding with the developer, Adi Development Group, in its application for a condominium tower on Martha Street.

The following month, the city, which opposed the development and argued it was too dense and tall for the site, asked the OMB to review its decision.

In its request, the city asserted that the OMB made four errors: 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 the ruling, LPAT member Paul Muldoon concluded the city failed to raise a \”convincing and compelling\” case that any one of the listed errors or grounds cited in its rules to grant a review was applicable, according to a news release from the city.

The Local Planning Appeals Tribunal has dismissed the City of Burlington’s request for it to review the Ontario Municipal Board’s decision regarding 374 and 380 Martha St.

The Ontario Municipal Board (OMB) released a decision on Feb. 13 regarding these development applications that allows 26 storeys. The city filed a Section 43 review request to the executive chair of the OMB in March 2018.

The city requested the review on the assertion 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, LPAT member Paul Muldoon concluded that the city failed to raise a “convincing and compelling” case that any one of the listed errors or grounds cited in its rules to grant a review was applicable.

A copy of the city’s request to the OMB and the LPAT decision can be found at www.burlington.ca/374martha.