Tribunal’s decision could derail Tory’s dream of downtown park

Mayor John Tory and council’s dream of building a Rail Deck Park has been overruled by a provincial tribunal that says developers can build a proposed multitower office and condo development over the downtown rail corridor.

Wednesday’s decision by the Local Planning Appeal Tribunal — a quasijudicial body appointed by the province — follows an appeal by the development group Craft Acquisitions Corp. of council’s earlier decision to reject its development application.

The planning tribunal decision effectively kills the mayor’s legacy plan to protect for parkland the space on top of the active rail corridor that runs eastwest just south of Front Street.

Allowing the amendments to the city’s official plan requested by the developers would let them build something akin to one concept that was designed at their request — six towers, ranging from 43 to 46 storeys high on a deck running between Bathurst Street and Blue Jays Way. That plan considers upwards of 3,500 condo units.

Wednesday’s decision doesn’t mean construction will begin soon.

The developers still have to submit plans to the city for what exactly they want to build, and council can still reject or approve those plans. That council decision can also be appealed to the tribunal.

The city could also still try to purchase the air rights over the corridor to build a public park, but since the site is now designated as mixed-use by the planning tribunal, it would be at great expense.

“It’s a hugely disappointing decision for the future of our city and the vibrancy and livability of downtown,” local Coun. Joe Cressy (Ward 10 Spadina—Fort York) said in an interview Wednesday.

Through years of debate about building a significant central park and challenges by the developers over the air rights, city officials have pushed ahead with planning for a Rail Deck Park — even dedicating a page on the city’s website to it.

The 8.3-hectare park plan was estimated in 2017 to cost nearly $1.7 billion and has yet to be financed.

But the city has never owned the air rights, which were large- ly amassed by the developers prior to the city announcing its park plans, the appeal decision notes.

The decision said the city plans to move ahead with Rail Deck Park seemed to be in limbo.

“The City has also not taken any substantive steps over the last almost 5 years since then to negotiate the purchase of the Craft Property — or to commence expropriation proceedings to acquire it,” the decision reads. “Thus, little has happened since 2016 with respect to the actual creation of Rail Deck Park.”

The three-member tribunal also preferred the evidence of the developers on structural issues, concluding the site “is clearly serviceable in terms of water, sewage and stormwater management” and criticized

“It’s a hugely disappointing decision for the future of our city and the vibrancy and livability of downtown.”

JOE CRESSY

COUNCILLOR, WARD 10 SPADINA—FORT YORK

the city for not bringing forward any technical evidence to refute those claims by the developer.

The decision also concludes that the development site is exempt from the rules requiring the developers to dedicate a portion of the site for parkland, but that they could choose to include some parks or open space on the site.

In its conclusion, the tribunal wrote that the developer’s plan “represents and respects good planning principles” and declined to edit any part of the document presented by Craft Property.

Craft did not immediately respond to requests for comment. After Craft made the development application in 2017, council moved to designate the land for park use only. That decision was also appealed to the planning tribunal, which ruled in the city’s favour.

However, the latest decision takes precedence over that earlier decision.

Tory had staked his legacy on the park since announcing plans to build it in 2016, among several other major infrastructure projects like a “Smart-Track” rapid transit line that has been significantly reduced since his 2014 election promise.

On Wednesday, he also said he was “deeply disappointed” by the decision, but didn’t fully concede the park plans were dead despite what would be continued difficulties in obtaining air rights.

“I can tell you without getting into the details of the negotiation that the prices that were being asked for these air rights were not prices we were willing to pay at that time,” Tory said.

“My determination that we dream big and we do things that make sure this city stays the livable city that it must stay for the sake of the people who live here and for our global reputation — my determination on that is absolute,” he added.

“There are always bumps along the road and you just move forward and try to do something that is going to make sure we try to achieve that objective.”

Planning tribunal decisions can be appealed to a divisional court on the basis the tribunal made an error in law.

Cressy said the city’s planners and legal team are reviewing the decision.

“I think great cities dream big and implement those dreams … and that’s what we set out to do,” Cressy said. “Parks and public spaces were critical to the future of our city before the pandemic. Coming out of this pandemic the exceptional importance of parks and public spaces … has been further affirmed.”