The Ontario Land Tribunal is expeditiously moving a contentious 17-home development application in Ancaster to a hearing, seeking to overturn a near-unanimous Hamilton City Council decision.
City Council voted 13-2 to reject the low-density project in early May, overriding a recommendation for approval from city planning staff.
Council cited environment concerns and infrastructure lifecycle costs among the reasons for denial, following the submission of large numbers of letters to City Council opposing the removal of 659 trees on an existing woodlot.
Following the Council denial, the landowner, Lux 387 M.D. Holdings Inc et al, quickly appealed to the OLT.
The OLT quickly conducted the first case management conference on September 10, and has directed legal counsel for the City of Hamilton and the landowner to draft an issues list and procedural order by November 3.
Despite the dozens of letters of opposition submitted to City Council, there were no third-party requests for either party or participant status submitted.
City Council will need to retain external professional planners and experts to defend its decision.
City staff will be subpoenaed to testify in favour of the development.
Acting Director of Planning and Chief Planner Anita Fabac had signed a staff recommendation that Council approve the project, writing, “The proposal contributes to the achievement of creating complete communities by providing family friendly homes on underutilized land, extends the existing right-of-way of Braithwaite Avenue to Hamilton Drive to further improve the connectivity of the area by completing the existing road network.”
The City of Hamilton has retained legal counsel with environmental expertise, Michael Finley, to defend the City Council decision. The developer’s counsel is David Bronskill.
The next case management conference is scheduled for November 10 at 10 a.m.
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Published: October 4, 2025
Last updated: October 4, 2025
Author: Joey Coleman
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v. 1.0.0 original version
Their intentions are pure but in all reality, this IS infill development. The only thing the city will be successful with is delaying housing starts and wasting taxpayers money while doing so. This is added density in an existing built up area.
It’s very likely that the deluge of letters of opposition came from people living on adjacent streets, like Tollgate, Oldmill and Stowbridge that were woodlots themselves 20 years ago. This isn’t productive farmland. This isn’t conservation land. This isn’t a provincially significant forest. These are a few peoples backyards that became naturalized over the past 50+ years.
City Council in my humble opinion is VERY correct in their decision on the environmental concerns and future infrastructure concerns where water main could burst and flood not just the streets, but basements in homes causing the city nosebleed expenditures.
Has our city not suffered enough with water main breaks which seem like on a daily basis!!!!
I commend those who stood up and said absolutely not!
Leave this wood lot are ALONE.
Why do you need to spend OUR tax dollars to see if it is environmentally and infrastructurally safe to go ahead when all but TWO, 2 councillors who want the city to spend $$$ where common sense says DO NOT ALLOW DEVELOPMENT, it is not needed!!!!! Not in this location.
Good comments by the other two. Strange the city planner would be willing to risk that many trees for 4 houses. And this is for Lux 387 M.D. Holdings Inc., et al. Who are these et al’s. Holdings companies… It seems like their one purpose is to make money. So it’s either money and exclusivity or it’s the HAMBAP.
Stop the urban sprawl that benefits no one but the rich!
Disgusting. It is not “underutilized land” it is home home to wildlife. As an Ancaster resident Hamilton should wake up and stop [destroying] our natural forests for overpriced, unnecessary monster homes👎👎👎