The Town of Aurora said it is happy with the result of a legal case that could see a new seven-storey development built on Wellington Street East.
The town rejected the application at 1289 Wellington St. E in spring 2022, citing environmental and density concerns. That rejected application was at seven storeys and 519 units, but the town has since made changes to the official plan that would allow seven storeys as a maximum on the property.
With provincial intervention that could have potentially allowed for the project to get up to more than 12 storeys, Aurora Mayor Tom Mrakas said he was pleased with the outcome of the tribunal.
“The OLT’s decision sets a precedent that the town’s height restriction of seven storeys constitutes good planning, underscoring the importance of balanced urban growth and preserving the character of our community,” Aurora Mayor Tom Mrakas said in a news release today.
The province previously seemed to pave the way for the proposal with an amendment to the region’s official plan in 2022, which would allow buildings at 1289 Wellington St. E. to reach a “minimum” of 12 storeys. The applicant subsequently submitted revised proposals, including one for multiple 13-storey buildings.
That received a protest from Aurora, with Mrakas expressing concern about the decision, and that it happened without municipal consultation.
The tribunal application was originally about Aurora refusing the initial application, which was for three seven-storey buildings. But with the town becoming more accepting of seven-storey buildings, it instead became an argument about what would be a more appropriate building height for a development on the site; a 13-storey one favoured by the developer, or a seven-storey one preferred by the town.
The Ontario Land Tribunal said that “intensification must be done properly and in conformity with surrounding use and it cannot be intensification at all costs."
Mrakas expressed appreciation to staff and council after the decision.
“A sincere thank you is owed to the staff who diligently worked on this appeal and to the dedicated councillors who steadfastly fought for responsible development that aligns with the intent of our official plan,” Mrakas said.
It is encouraging for the tribunal to back a local official plan like this, Mrakas said.
“Official plans are the vision for appropriate growth of our community. And it is encouraging to have a decision upholding our town’s right to determine where and how we intensify,” he said.
Still, a form of the development stands to proceed, with the tribunal allowing the appeal in part and directing the town and applicant to making corresponding amendments to the town official plan and zoning bylaw regarding the property. The amendments must allow for a maximum building height of seven storeys.
Editor's Note, April 22: This article was altered to clarify that the Ontario Land Tribunal decision supports an amendment made to the Town of Aurora's official plan restricting building heights to a maximum of seven storeys. The OTL ruling doesn't prevent the developer from building on the site.
