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Update on Solmar’s Application for Judicial Review - January 10, 2025

The Town of Niagara-on-the-Lake has received communication from the Ontario Divisional Court regarding Solmar’s Application for Judicial Review.

Following a case management conference held on December 11, 2024, Justice F.L. Myers confirmed that all parties involved have agreed to hold the judicial review application in abeyance until the Ontario Land Tribunal (OLT) releases its decision on Solmar’s Request for Reconsideration.

At this time, all parties are awaiting the OLT’s decision. The Town will continue to provide updates as more information becomes available.

Ontario Land Tribunal Hearing - OLT LEAD CASE NO. OLT-22-003603

Solmar (Niagara 2) Inc, appeal of Official Plan Amendment, Zoning, By-Law Amendment, Plan of Subdivision, and Heritage Permit Applications affecting, 200 John Street East and 588 Charlotte Street is scheduled to commence on April 8, 2024.


Documents filed with the OLT by Solmar, SORE, and the Town are provided in the Document Library in the right margin of this page. Specifically:

  • Witness Statements
  • Reply to Witness Statements
  • Participant Statements
  • Visual Evidence
  • Joint Document Books
  • Hearing Plan - schedule of OLT witnesses with time and dates

The Ontario Land Tribunal is broadcasting the Hearing online through https://www.youtube.com/@ontariolandtribunal/streams(External link)


NOTE: The Hearing Plan will be updated throughout the process and is subject to change. An updated Hearing Plan will be posted on this page as it becomes available. To be made aware of content changes please subscribe to this page.

Please be advised that the current phase of the OLT Hearing concludes on May 16, 2024. The OLT has now scheduled the next phase of the Hearing to take place from July 29 to August 2, 2024.


Heritage Permit Applications (HER-015-2022 & HER-016-2022)

200 John Street East & 588 Charlotte Street

The Town has received Heritage Permit Applications (Files HER-015-2022 & HER-016-2022) under the Ontario Heritage Act for proposed alterations and demolitions associated with Planning Applications and a proposed Plan of Subdivision (Files OPA-02-2020, ZBA-11-2020 & 26T-18-20-01) on the subject lands.

Timeline for processing of Heritage Permits:

A link to all documents submitted as part of the Heritage Permit Applications can be found in the Document Library


*This page has changed! Click here to learn more(External link).


Public engagement on this page is now closed. This page will remain active and available to the public for information regarding the previous Hotel Proposal at 144 & 176 John Street East and the new Residential Proposal at 200 John Street East & 588 Charlotte Street. Please see the details below, along with the corresponding links and documents in the Document Library to the right of the page, for more information.


Hotel Proposal

144 & 176 John Street East


The Zoning By-law Amendment and Site Plan applications submitted in 2017 for a proposed hotel and conference centre have been withdrawn by the owner.


Both properties are currently designated under the Heritage Act (By-Law 5284-20 and By-law 5285-20). In order for any development to take place, the applicant would be required to secure Heritage Permits.


The existing approvals from 2011 (Zoning By-law 4316T-11 and Official Plan Amendment 51 - By-law 4511-11) for a proposed hotel and conference centre are in force on the property. The Zoning By-law contains a Holding (H) provision that requires Site Plan Approval from the Town prior to any development proceeding.


The Document Library is being maintained for the overall Rand Estate lands for the convenience of the public and contains background and reference material. These documents are large and will take time to load. Please contact the Town at 905-468-6468 should you have difficulty accessing the files and require assistance.


Residential Proposal

200 John Street East & 588 Charlotte Street


Applications and Planning Process


The Town has received applications (Files OPA-02-2020, ZBA-11-2020 & 26T-18-20-01) under the Planning Act for an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision on the subject lands.


These applications would facilitate the proposed development of 125 single-detached dwellings, 66 semi-detached dwellings, and blocks of land for parks, natural areas and future development, all on a private road network. A portion of the lands within the existing Urban Area Boundary are proposed to be designated “Low Density Residential” in the Official Plan. The Zoning By-law Amendment requests a site-specific “Residential (R2) Zone” for the residential lots, “Open Space (OS) Zone” for the parks and “Natural Heritage System Overlay” for the natural areas.


The applications and supporting documents submitted by the owner are available on the Public Notice section of the Town’s website(External link). These materials have been circulated to Town Departments and Agencies for review and comment.


Council has retained a professional planning consulting firm, The Planning Partnership, to conduct the planning review and provide a recommendation to Council. All comments and questions submitted to the Town will be forwarded to The Planning Partnership for consideration and response.


Consultation


The public consultation process included an Open House (June 15, 2021)(External link) and Public Meeting (July 14, 2021)(External link). Council did not make any decisions on the applications at that time. The sessions allowed the public to receive information on the applications and submit comments that the applicant and Staff will consider in their review or any modifications to the applications, and ultimately, Council will consider in their decision.


Written comments can be submitted anytime before a decision is made by Council(External link).


Cultural Heritage


In August 2018, the Town served Notices of Intention to Designate the subject lands under the Ontario Heritage Act as properties of cultural heritage value or interest (see Notices in the Document Library). The Town also prepared a map of the Cultural Heritage Landscape on the former Rand Estate for reference.


The owner has filed objections to the Notices of Intention to Designate. The Ontario Land Tribunal (formerly the Conservation Review Board) has scheduled a hearing for December 6-10, 2021, to consider the matter. The Notice of the Hearing is available in the Document Library.

Update on Solmar’s Application for Judicial Review - January 10, 2025

The Town of Niagara-on-the-Lake has received communication from the Ontario Divisional Court regarding Solmar’s Application for Judicial Review.

Following a case management conference held on December 11, 2024, Justice F.L. Myers confirmed that all parties involved have agreed to hold the judicial review application in abeyance until the Ontario Land Tribunal (OLT) releases its decision on Solmar’s Request for Reconsideration.

At this time, all parties are awaiting the OLT’s decision. The Town will continue to provide updates as more information becomes available.

Ontario Land Tribunal Hearing - OLT LEAD CASE NO. OLT-22-003603

Solmar (Niagara 2) Inc, appeal of Official Plan Amendment, Zoning, By-Law Amendment, Plan of Subdivision, and Heritage Permit Applications affecting, 200 John Street East and 588 Charlotte Street is scheduled to commence on April 8, 2024.


Documents filed with the OLT by Solmar, SORE, and the Town are provided in the Document Library in the right margin of this page. Specifically:

  • Witness Statements
  • Reply to Witness Statements
  • Participant Statements
  • Visual Evidence
  • Joint Document Books
  • Hearing Plan - schedule of OLT witnesses with time and dates

The Ontario Land Tribunal is broadcasting the Hearing online through https://www.youtube.com/@ontariolandtribunal/streams(External link)


NOTE: The Hearing Plan will be updated throughout the process and is subject to change. An updated Hearing Plan will be posted on this page as it becomes available. To be made aware of content changes please subscribe to this page.

Please be advised that the current phase of the OLT Hearing concludes on May 16, 2024. The OLT has now scheduled the next phase of the Hearing to take place from July 29 to August 2, 2024.


Heritage Permit Applications (HER-015-2022 & HER-016-2022)

200 John Street East & 588 Charlotte Street

The Town has received Heritage Permit Applications (Files HER-015-2022 & HER-016-2022) under the Ontario Heritage Act for proposed alterations and demolitions associated with Planning Applications and a proposed Plan of Subdivision (Files OPA-02-2020, ZBA-11-2020 & 26T-18-20-01) on the subject lands.

Timeline for processing of Heritage Permits:

A link to all documents submitted as part of the Heritage Permit Applications can be found in the Document Library


*This page has changed! Click here to learn more(External link).


Public engagement on this page is now closed. This page will remain active and available to the public for information regarding the previous Hotel Proposal at 144 & 176 John Street East and the new Residential Proposal at 200 John Street East & 588 Charlotte Street. Please see the details below, along with the corresponding links and documents in the Document Library to the right of the page, for more information.


Hotel Proposal

144 & 176 John Street East


The Zoning By-law Amendment and Site Plan applications submitted in 2017 for a proposed hotel and conference centre have been withdrawn by the owner.


Both properties are currently designated under the Heritage Act (By-Law 5284-20 and By-law 5285-20). In order for any development to take place, the applicant would be required to secure Heritage Permits.


The existing approvals from 2011 (Zoning By-law 4316T-11 and Official Plan Amendment 51 - By-law 4511-11) for a proposed hotel and conference centre are in force on the property. The Zoning By-law contains a Holding (H) provision that requires Site Plan Approval from the Town prior to any development proceeding.


The Document Library is being maintained for the overall Rand Estate lands for the convenience of the public and contains background and reference material. These documents are large and will take time to load. Please contact the Town at 905-468-6468 should you have difficulty accessing the files and require assistance.


Residential Proposal

200 John Street East & 588 Charlotte Street


Applications and Planning Process


The Town has received applications (Files OPA-02-2020, ZBA-11-2020 & 26T-18-20-01) under the Planning Act for an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision on the subject lands.


These applications would facilitate the proposed development of 125 single-detached dwellings, 66 semi-detached dwellings, and blocks of land for parks, natural areas and future development, all on a private road network. A portion of the lands within the existing Urban Area Boundary are proposed to be designated “Low Density Residential” in the Official Plan. The Zoning By-law Amendment requests a site-specific “Residential (R2) Zone” for the residential lots, “Open Space (OS) Zone” for the parks and “Natural Heritage System Overlay” for the natural areas.


The applications and supporting documents submitted by the owner are available on the Public Notice section of the Town’s website(External link). These materials have been circulated to Town Departments and Agencies for review and comment.


Council has retained a professional planning consulting firm, The Planning Partnership, to conduct the planning review and provide a recommendation to Council. All comments and questions submitted to the Town will be forwarded to The Planning Partnership for consideration and response.


Consultation


The public consultation process included an Open House (June 15, 2021)(External link) and Public Meeting (July 14, 2021)(External link). Council did not make any decisions on the applications at that time. The sessions allowed the public to receive information on the applications and submit comments that the applicant and Staff will consider in their review or any modifications to the applications, and ultimately, Council will consider in their decision.


Written comments can be submitted anytime before a decision is made by Council(External link).


Cultural Heritage


In August 2018, the Town served Notices of Intention to Designate the subject lands under the Ontario Heritage Act as properties of cultural heritage value or interest (see Notices in the Document Library). The Town also prepared a map of the Cultural Heritage Landscape on the former Rand Estate for reference.


The owner has filed objections to the Notices of Intention to Designate. The Ontario Land Tribunal (formerly the Conservation Review Board) has scheduled a hearing for December 6-10, 2021, to consider the matter. The Notice of the Hearing is available in the Document Library.

Page last updated: 10 Jan 2025, 04:00 PM