The hopes for two highrise buildings meant for lower Queen Street in Kingston’s historic downtown may still be alive.
A rare review of a Local Planning Appeal Tribunal (LPAT) decision may lead to a reversal of the tribunal’s decision to deny the Homestead Landholdings highrises.
In early August, the tribunal denied two 19- and 23-storey buildings at 18 Queen St. and 51-57 Queen St.
Homestead originally appealed their own development with the Ontario Municipal Board before it was replaced by the LPAT, hoping to speed the approval through provincial means, since they said the city was taking too long to review the development.
The Frontenac Heritage Foundation, a group of citizens opposed to large developments in the downtown core, joined the appeal process as an opponent to Homestead and to the city, which supported constructing the buildings downtown.
Despite the LPAT denial in August, Homestead requested a review of the decision, and in a rare move, the LPAT says they will be throwing out their decision.
This was announced to the three involved parties in a letter dated Dec. 23 written by Marie Hubbard, the associate chair of LPAT.
“I have concluded that this is a rare instance in which the exercise of my review power is warranted,” Hubbard wrote.
“The (appeal) request has established a convincing and compelling case that there are significant errors of law in the tribunal’s interpretation of the OP (the city’s Official Plan),” Hubbard continued.
The letter goes on to say, that if these errors had not been made, it would be likely that the tribunal would have reached a different decision.
See the full LPAT letter here.
Global News reached out to the Frontenac Heritage Foundation, who choose not to comment on the new ruling.
Homestead Land Holdings could not be reached for comment.
A spokesperson for LPAT said Friday in an email they have yet to revoke their original decision, but they said the order to rescind their decision will come in early January.
A new hearing, for which the date has yet to be determined, has been ordered and the case will be heard before a different panel of the tribunal.