The Ontario Land Tribunal gave oral approval to severances at 40 Church Street in Ancaster which permit the division of the property into six separate lots to facilitate the development of six street townhouse dwellings.
It is the latest decision to follow the same path to approval. A landowner applies for severances that meet all provincial and local planning requirements. The application is presented to Hamilton’s Committee of Adjustment, and rejected by the CoA on the grounds that Ancaster is a special community which should not be intensified. The owner appeals to the OLT, and the Tribunal quickly approved the proposal in accordance with the Provincial Planning Statement.
During the Committee of Adjustment hearing on October 9, 2025, nearby residents expressed concerns about losing existing privately-owned trees, increased road traffic, and privacy.
The Thursday hearing on January 29, 2026 was brief, with the landowner’s registered professional planner outlining the proposal, conformity with the Planning Act and other planning policies, and confirming the landowner has read the statements of concern from nearby residents.
40 Church is the latest intensification project granted approval by the Tribunal in accordance with provincial planning policies. On Tuesday, the OLT released written reasons for approving a similar severance at 28 Oakley Avenue. In the 28 Oakley decision, the Tribunal noted that intensification is a requirement of provincial planning policies, that new homes will complement the existing variety of dwelling types in the surrounding area, do not require the construction of new municipal infrastructure, and will surely improve on the currently existing single residential dwelling.
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Published: January 31, 2026
Last updated: January 31, 2026
Author: Joey Coleman
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It’s unfortunate the applicant had to be subjected to this. The committee’s decision did not appear to be substantiated by any planning evidence.
This developer does good work. They provide high quality housing options in desirable areas that align with the City’s intensification targets.
Their previous project at 15 church created 6 homes from 1. Land that once paid $7,054 in property tax per year now houses 6 units paying a total of $48,000 in tax per year. That is a property tax uplift of $41,000 along existing municipal servicing. It brings down the infrastructure burden on everyone else. It’s responsible growth.
I expect this project to be similarly economically beneficial for the city.
This is good news