SRRA/MRN seek leave to appeal LPAT decision permitting Dale Ave. condo to proceed

Categories: News

Lawyers on behalf of SRRA and MyRosedaleNeighbourhood (MRN) have filed a notice of motion for leave to appeal the July 4, 2019 Local Planning Appeal Tribunal (LPAT) decision permitting a development proposal for a 4-storey, 26-unit condominium building at 5, 7 and 9 Dale Avenue to proceed.

The proposed development involves the demolition of three heritage-rated, single-family homes and associated landscaping. According to the filing, the development proposal “does nothing to conserve or maintain the existing significant heritage resources beyond retaining token elements of the rear landscaping at 7 Dale.”

As noted in a July 5, 2019 email to members, SRRA, MRN and our lawyers reviewed the decision in consideration of possible next steps. Our lawyers determined, among other issues, that the LPAT decision contains errors of law that include “failing to apply the applicable provincial and municipal heritage planning policies as required by the Planning Act.”

According to the filing, “The errors of law contained within the Decision are of sufficient public attention so as to warrant the attention of the Divisional Court. The Decision undermines the protections provided to significant heritage resources within a heritage conservation district.”

With respect to legal and other professional costs incurred through the LPAT process, they are now covered in full. This has been achieved mainly via donations received and committed, and through the expenditure of $50,000 in Association funds approved by the SRRA board.

The SRRA wishes to express our sincere gratitude to the many generous individuals who have supported this appeal.

The LPAT ruling can be viewed by clicking here.