OMB Hearing Wrap-Up:
On Thursday, after 9 days, the hearing finally wrapped up with closing arguments from the 3 parties.
There was the usual back and forth on policy exclusions and enforcement, height precedents, context and built form responses to heritage buildings etc.. Since the Wellington Place Neighbourhood Association (WPNA) has hired their own lawyer and was a full participant ($$$$$$), the end result was a bit of a 2 against 1 in the closing arguments. The biggest single blow to Lamb was the testimony of his own architect and both the City's and WPNA's lawyer pounced upon it strongly in closing. They re-iterated that the architect in his cross-examination testimony has suggested that the building's response to the rear yard setback and the heritage building in the south-east corner of King Toronto's site could be improved with more setback and even suggested less height - yikes! As well, Lamb's architect also suggested that the 2nd-6th floor "slim-jim" units could be improved with more side-yard setback, perhaps deal better with providing light into those spaces (the issue was that theses were previously live/work spaces and now are residential) and needed some refinement. WPNA's lawyer was the strongest in the closing suggesting that if the developer's own architect admits at this stage of the game in a OMB hearing that if the building's rear setback, sideyard setback (floors 2-6) and height needs to be re-thought, then perhaps this design was not as well thought out as the developer is suggesting to the Board with the application.
All in all, the City and WPNA had a very strong case with great lawyers and witnesses (former Chief Planner Paul Bedford, especially) and argued well the issues IMO (yes I am biased - no kidding). Lamb's lawyer is also great, had some good points too but the reality is that her own witnesses let her down and you could just feel in the hearing room that she had an uphill fight in closing.
You just never know how these turn out. It is a good test of how much "law" there is in planning policy and is definitely going to be precedent case for future OMB hearings still in the old cue, some on Wellington just west of subject site. A decision is not likely for months. I will post once received. Get out the popcorn!