The Ontario Land Tribunal has overturned a Windsor city council decision that rejected a controversial townhouse development, underscoring the limited authority local governments have in blocking housing projects. Council voted down a zoning bylaw amendment and draft plan of subdivision for properties at 4170 and 4190 Sixth Concession last year, but the developer's appeal succeeded.
Council Frustration with Tribunal Overrides
Windsor councillors expressed frustration that the tribunal easily overrides local decisions, leaving them unable to respond to resident opposition. Mayor Drew Dilkens noted that unless planning staff make a glaring error, council has little authority to reject recommendations. In this case, the city could not find an expert planner willing to represent them, as five planners from three municipalities agreed the project should have been approved.
Developer Appeals Success Rate
Councillors acknowledged that when they reject a planning department recommendation, developers often succeed in appealing to the tribunal. The project involves five two-storey townhouses with a total of 27 units. At the request of Ward 1 Coun. Fred Francis, the city will send a letter to the Ontario government asking for residents to be allowed to file appeals with the tribunal, a right removed by Bill 23, the More Homes Built Faster Act of 2022.
Francis stated, "Everyone expects us to be the final decision makers, and here we are. We're not the final decision makers." The Ministry of Municipal Affairs and Housing has not yet responded to requests for comment.
