McMaster and City Close to Deal on Land Use and Zoning Bylaw for 1190 Main West Student Resident

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McMaster's proposed student residence as shown to the Design Review Panel in February 2018.

The deal is close, but not quite complete.

This is the message lawyers for both sides in the Local Planning Appeal Tribunal appeal by McMaster University and its private partner Knightstone Capital Management regarding 1190 Main Street West in Hamilton delivered to the LPAT early this morning.

The City of Hamilton and the McMaster group were scheduled to appear before the LPAT for a video hearing tomorrow morning.

“I think tomorrow will be a short attendance”, wrote lawyer David Bronskill of Goodmans LLP representing Knightstone to the LPAT.

“Subject to some final matters, the parties have worked to a settlement but, given those final matters, we would not be in a position to present the settlement to the Tribunal tomorrow”, the email continues.

Bronskill writes “Our client is hopeful that such a settlement hearing could be scheduled by TCC in 2020 to ensure that certain implementation timelines for the project can be met”.

The Tribunal approved the request for cancellation of tomorrow’s hearing, and states “notice of a future hearing date will follow soon”.

This appeal is only dealing with the land use and zoning, it does not involve the taxation issue between the City and McMaster.

Council gave direction for a settlement in this hearing during a closed session meeting on August 18, 2020.

There was a separate appeal hearing yesterday regarding McMaster’s challenge of the City’s new development charges bylaw. In that appeal, McMaster is attempting to gain a full development charge exemption for its planned private partnership for-profit student housing projects.

McMaster is hoping to extend its property tax exception as a provincially chartered public university to its proposed contracts with private corporations to build the proposed new student housing.

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First published: November 4, 2020
Last edited: November 4, 2020
Author: Joey Coleman

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