Appeals against planned York Street supervised consumption facility dismissed by tribunal

The Local Planning Appeal Tribunal (LPAT) has dismissed appeals filed in opposition to the rezoning of a York Street property for London’s first permanent supervised consumption facility.

In a decision made public on Thursday, the tribunal, the successor to the Ontario Municipal Board (OMB), said it would “wholly dismiss” the appeals involving 446 York St.

The ruling means the Middlesex-London Health Unit and the Regional HIV/AIDS Connection can move forward with retrofitting the site, formerly home to John Bellone Musical Instruments, to house a supervised consumption facility.

“It was the right decision,” said London Mayor Ed Holder in a brief interview.

“It was one that had public consultation, went to council for ultimate approval, and when it was challenged, which is certainly the right of anyone to do so, it went through a very rigorous review… and fundamentally I think the judge made the appropriate decision.”

With the decision handed down, Holder says work will begin on next steps to make sure the site is ready, “and once that’s done, then we’ll be able to serve those in need very soon.”

Asked about a timeline, Holder said it was still to early to say.

On Twitter, Dr. Chris Mackie, medical officer of health for London and Middlesex, was similarly pleased by the decision, calling it “another win for the human rights of our most vulnerable.”

London city council had approved rezoning 446 York St. in December 2018, allowing for the site, formerly the home of John Bellone Musical Instruments, to be retrofitted into a supervised consumption facility.

London currently has a temporary overdose prevention site (TOPS) on 186 King St. Its lease is set to run out in March 2020.

Four groups — Drewlo Holdings, Northview Apartment REIT, Burwell Auto Body Ltd., and Lance Howard Group — appealed the York Street rezoning to the LPAT earlier this year.

Drewlo owns an apartment tower along King Street that is located immediately behind 446 York St, while Burwell Auto Body is located across the street. Lance Howard Group owns an office building next door at 444 York St.

In a one-day hearing at the end of October, lawyer and LPAT member, Blair Taylor, heard arguments from legal counsel representing the four appellants, the city, and the Middlesex-London Health Unit and Regional HIV/AIDS Connection.According to Taylor, the case was the first time the tribunal or its predecessor, the OMB, has considered a supervised consumption facility.

Lawyer Analee Baroudi, representing Drewlo Holdings and Northview Apartment REIT, argued that based on zoning bylaws for land use in that area, the clinic could only be an accessory to the offices and not the primary function.

Baroudi also argued the site was too close to schools and daycare facilities, including H.B. Beal Secondary School, Childreach, London Bridge Child Care (LBCC), and the YMCA.

Alan Patton, the lawyer representing Burwell Auto Body Ltd. and Lance Howard Group, argued his clients were worried about the site becoming a social activity and attract more people to the area, bringing with it possible problem social behaviour.

According to the Tribunal’s jurisdiction, LPAT “shall dismiss an appeal” unless it’s determined part of the zoning amendment is inconsistent with a provincial policy statement; or that it fails to conform with or conflicts with a provincial plan; or that it fails to conform with an applicable official plan.

In his written decision, Taylor ruled the “impugned” zoning amendment conformed with the city’s 1989 Official Plan, and was also consistent with the Provincial Planning Statement, 2014, in that it would assist in addressing, rather than cause, “environmental or public health and safety concerns.”

Taylor said the Tribunal found a facility at the location will be a “positive step to bettering public health and reducing safety issues to the community at large.”

980 CFPL has reached out to the appellants’ legal representation for comment.

While the LPAT ruling clears the way for the property to be renovated, questions remain about provincial funding for the planned facility.

In early June, Dr. Mackie confirmed the province had rejected a funding application for the York Street facility, putting its future into limbo. Mackie suggested vocal opponents had been active in discussing the matter with the province.

Health Minister Christine Elliott told 980 CFPL at the time that while community comments played a part, the decision was based on an objective test applied to every application.

Dr. Mackie, Mayor Holder, and Health Minister Christine Elliott later met at City Hall to discuss the planned facility.

Holder said Elliott had confirmed a provincial funding commitment for a permanent supervised consumption facility in London. It’s unclear how Thursday’s LPAT ruling will affect the province’s decision involving the York Street site.