A proposed nine-storey high-rise in Chatham can go ahead as originally planned.
The Ontario Land Tribunal has ruled the nine-storey apartment building can be built on vacant land at 50 Indian Creek Road West near Lacroix Street in Chatham after the applicant won its appeal against the Municipality of Chatham-Kent (CK).
CK council put the decision in the hands of the tribunal after a motion failed last year to accept a settlement from the developer that would have reduced the building to eight-storeys.
CK council and residents in the area have long raised concerns about the height of the 87-unit high-rise and increased traffic in the area.
The tribunal ruled that the proposal is good planning, is of interest to the public, conforms to the Official Plan, promotes intensification on vacant underutilized lands, and is in line with the high-density land use policies.
It also cited that the municipality did not produce an expert to refute the results of traffic impact assessments, concluding that traffic can be accommodated in the absence of any evidence to the contrary.
"In this case, this development is an infill opportunity with no adverse impacts," stated the tribunal.
The developer is now required to get a site plan approval before applying for building permits to construct the building, which has not been initiated.
A site plan approval is granted if the detailed site design complies with municipal regulations and standards.
