Disclosure: Foundation Capital, the firm of Yield the North's publisher, is the proponent of the Wellington Road and High Street project in London described below. This article explains the appeal process in general terms using public sources. It does not assess the merits of the applications or predict any outcome.
On September 29, London city council's planning committee voted to follow a city staff recommendation to refuse applications for two apartment towers at Wellington Road and High Street, just south of the Thames River. The recommendation goes to the full council meeting on October 14.[1] Whatever council decides, the case is a useful prompt to explain a process that shapes many large rental proposals in Ontario: what happens when a municipality says no, or doesn't decide at all.
The applications in brief
According to CBC News, an investment group called Foundation Development Fund applied for properties at 60–68 High Street and 57–75 Wellington Road. The proposals would add roughly 1,000 apartments beside the rapid transit corridor now under construction: a 32-storey, 540-unit building on High Street and a 22-storey, 440-unit building on Wellington Road.[1]
City staff recommended refusal, citing over-intensification of the site, setback changes that would crowd the Wellington Road corridor, and a request to reduce required bicycle storage. The buildings had no underground parking, which is allowed on transit corridors. Some neighbours told the committee they were worried about parking and traffic spilling onto local streets, and others objected to the height and design.[1]
A representative of the developer told the committee that some units would be set at 80% of average market rent, with 98 units across both buildings renting for $850 for a studio and $1,100 for a one-bedroom. He said design choices, including fewer balconies, no underground parking and concrete poured off-site, were meant to keep construction costs and rents down. The area councillor said residents generally accept substantial infill but want something that fits the neighbourhood better.[1]
Who can appeal, and when
The Ontario Land Tribunal (OLT) is an independent tribunal that hears appeals on land-use planning matters. It was created in 2021 by merging the Local Planning Appeal Tribunal, formerly the Ontario Municipal Board, with several other tribunals.[2]
For a zoning by-law amendment, the Planning Act provides two main routes to the OLT:[3]
- Refusal or non-decision. If council refuses an application, or doesn't decide within the time the Act allows, the applicant and the Minister may appeal. The decision period for a zoning application is generally 90 days from a complete application, or 120 days if it was filed together with a related official plan amendment.
- Approval. If council passes a by-law, the applicant, the Minister and qualifying people or public bodies who took part in the process may appeal it.
Third-party appeals are limited. For zoning matters, appeals by people other than the applicant are generally restricted to specified "key participants," and people who didn't make their views known before council's decision usually can't appeal.[2][3]
In most cases, an appeal must be filed within 20 days after the municipality gives notice of its decision. The appeal goes to the municipal clerk with written reasons and the OLT filing fee. The municipality generally has 15 days after the appeal period ends to forward it to the tribunal.[2] If an appellant argues that a decision conflicts with provincial policy or the official plan, the notice of appeal has to explain how.[2]
What the tribunal does
Once an appeal reaches the OLT, the process usually has several stages:[2][3]
- Case management conference. The tribunal can bring the parties together to define and narrow the issues, set timelines and discuss mediation or settlement.
- Mediation. A tribunal member can mediate, at any stage, to help parties reach a voluntary agreement on some or all issues. Mediation is confidential and not open to the public.
- Hearing. If there is no settlement, the tribunal holds a written, electronic or oral hearing. Notice is generally given 30 or 60 days in advance, depending on the matter.
How the tribunal decides
The Province's guide describes several principles that frame the tribunal's decision:[3]
- The OLT must have regard to the municipality's decision and the information council had before it. The hearing should generally be limited to that information, although new material can be introduced, and the tribunal can send new information back to the municipality for comment.
- Its decision must be consistent with the Provincial Planning Statement and conform with applicable provincial plans and the municipal official plan.
- It can allow or dismiss an appeal, and it can amend the by-law.
- It can dismiss an appeal without a hearing in some situations, for example if the application before it is substantially different from what council considered.
- The Minister can declare a provincial interest at least 30 days before a hearing. In that case Cabinet can confirm, vary or rescind the tribunal's decision.
Costs aren't routinely awarded to the successful party, as they would be in court, though the tribunal can award costs in some circumstances.[2]
Why the process matters for rental supply
For developers and investors, the appeal system affects timelines and risk as much as outcomes. An appeal adds months to a project, sometimes more, and parties can use the process to negotiate changes rather than seeking an all-or-nothing ruling. For municipalities and residents, it gives a structured way to test whether a proposal fits provincial and local policy.
Changes in recent years, such as narrower third-party appeal rights, have shifted the balance of who can bring a case. They haven't changed the basic structure: a council decision, a short window to appeal, and a tribunal that weighs the planning evidence against provincial and municipal policy.
London's council is scheduled to consider the committee's recommendation on October 14.[1] Any further steps would follow the process described above.
Sources
[1] Council committee votes down proposal for 2 towers at Wellington and High street, CBC News London (Sept. 29, 2026): https://www.cbc.ca/news/canada/london/wellington-high-street-9.7362868
[2] Citizen's guide to land use planning: Ontario Land Tribunal, Government of Ontario: https://www.ontario.ca/document/citizens-guide-land-use-planning/ontario-land-tribunal
[3] Citizen's guide to land use planning: Zoning bylaws, Government of Ontario: https://www.ontario.ca/document/citizens-guide-land-use-planning/zoning-bylaws