Committee backs second extension for 38-storey building proposal on York Street

After a proposed 38-storey high rise proposal was given a lifeline by council that has since expired, a new study means that it could be July before decisions a

Despite demonstrating little progress over the last five months addressing two primary concerns raised about their high-rise proposal, a developer’s planning consultant returned to the Planning and Environment Committee (PEC) on Monday, seeking a second extension on behalf of their client.

The planning application by BSN London Corporation seeks permission to build a 38-storey building at 415 York St. with 422 residential units.

In January, city staff recommended the application be refused because the building would be too tall for the property located outside Downtown London, and a provincial policy required the developer to perform a Land Use Compatibility Assessment to ensure the residential use would be appropriate and safe near the odours, noise, and emissions from the London District Energy (LDE) facility at Colborne and Bathurst.

At the time, Council granted an extension until June 30 to make progress on the outstanding issues.

Now, a decision on the merits of the application could be pushed into next year.

Michael Davis of Siv-ik Planning and Design, speaking for his client BSN London Corporation, told the committee that a consultant to perform a Land Use Compatibility Assessment has been retained.

“We would anticipate that study being completed within 12 to 16 weeks,” Davis told the committee. “At which time, staff would need to review that study, as would affected agencies, and then it ultimately be brought back to the planning committee. So, our request today is a deferral until early 2027, at the latest.”

That was a surprise to a lawyer representing LDE who recounted making several unsuccessful attempts to contact the developer.

“This is the first that I’ve heard that there’s a consultant that’s been retained,” explained LDE lawyer Sarah Turney. “And I think it’s important for me to make that submission to you, because despite repeated requests to the applicant, we have had no consultation at all by the proponent.”

The committee was told by Davis that finding a local consultant who is both qualified and available to perform a land use compatibility study can be difficult.

Deputy Mayor Shawn Lewis referred to a letter from the Midtown Community Association that welcomed plans to develop an otherwise unused parking lot.

“What I’ve also seen here is some genuine interest from the community not to oppose it, but to actually be supportive of it. So, I don’t want to refuse it at this time. I want to give this a little bit more time,” Lewis said after putting forward a motion to refer the matter to a future meeting.

However, several councillors visiting the PEC meeting expressed their reservations about another extension.

“I will not be supporting this referral at council,” said Coun. Sam Trosow. “I don’t understand why we would think that there’s going to be a better effort at consultation with the affected parties.”

Completion of the study would not automatically address other reasons city staff recommend refusal, including the 38-storey height being proposed on a property where 15-storeys is the limit.

City staff also warned that the results of the Land Use Compatibility Assessment might require significant changes to the proposed building’s overall design, so starting a new application is warranted.

Coun. Corrine Rahman reminded committee members that refusing the current application wouldn’t prevent a new application coming forward after the necessary study is completed.

“I think that it makes sense that at this point we refuse the application,” Rahman said. “The applicant is free to come back and bring another application. I hear the Midtown community. I agree that there needs to be some sort of development, but at this time I don’t see enough movement.”

However, despite the concerns raised at the meeting, members of the planning committee unanimously supported Lewis’ motion referring a decision to a future meeting.

Council will make a final decision about the referral at its meeting July 21.