Skip to content

Kingsway Entertainment District appeal dismissed by LPAT

Tribunal rules that objections raised in appeals were not valid and did not meet the onus of establishing inconsistency or non-conformity
301118_KED-artists-representation
The Local Planning Appeals Tribunal issued their decision to dismiss all appeals of the Kingsway Entertainment District on Dec. 23.

The Local Planning Appeals Tribunal issued their decision to dismiss all appeals of the Kingsway Entertainment District on Dec. 23.

LPAT vice-chair David Lanthier issued the 61-page decision Wednesday afternoon, more than two years after the city approved the KED project.

Appeals were filed by Christopher Duncanson-Hales of the Sudbury Business Improvement Area and Sudbury businessman Tom Fortin, whose Superior Court case against the KED was dismissed earlier this year.

In its decision, the LPAT stated that the appellants "have failed to meet the onus of establishing inconsistency and non-conformity" and that "the processes and paths by which council achieved consistency with the higher order of the Provincial Policy Statement, and the decisions, have resulted in consistency with the policies of the PPS."

The Tribunal ordered that all of the appeals under s. 17(24) and 34(19) of the Planning Act be dismissed.

The full 61-page decision can be read here.