Statement from the City of Burlington on the Ontario Municipal Board Ruling on Adi Development – 374 Martha St.

Today, the Ontario Municipal Board (OMB) released its decision on Adi Development Group’s proposal at 374 Martha St. The city is disappointed with the ruling, which allows for a 26-storey building at that location.

At the hearing, the city argued that Adi’s proposal for 26 storeys was not appropriate for that location for a number of reasons, including the fact that the proposal far exceeded the height limits allowed in that area, the need to complete an updated Official Plan and the longstanding public policy that the Bridgewater development will be the landmark building.

In its decision, however, the OMB states that the city’s current land-use policy for the site does not reflect Provincial Policy.

As the OMB noted in its ruling, “the evidence suggests to the Board that the current designation is no longer appropriate for the Subject Site and a proposal that is taller and more transit-supportive is both preferable and better implements the transit-oriented and intensification policies of the PPS 2014 and the GGH 2017.”

The OMB further notes that “While the provincial policy regime emphasizes the importance of a municipality’s official plan, there is no suggestion in the provincial policy regime that a municipality’s official plan may undercut provincial policy.”

Mary Lou Tanner, the Deputy City Manager, comments: “In light of the OMB’s ruling, it is even more important that the city move forward with the adoption of the new Official Plan. As this ruling shows, our current OP is a liability; it is out of date and is open to challenge. The area-specific plan for downtown Burlington will strengthen the city’s position on development in the downtown by replacing outdated polices with a plan that better reflects provincial policy, while also protecting the character of the city.

“We can not continue to plan our city, especially our downtown, on an application-by-application basis. This is not good planning and allows others to make decisions on our city’s future.”

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