Last week, First Capital's plans for the Humbertown Centre hit a snag, with local councillors unanimously voting against it at a community meeting. The City has yet to officially reject the proposal, but the City usually follows the direction of the local council.

Instead of simply waiting for that rejection from the City, First Capital has made an early appeal to the Ontario Municipal Board (OMB). In situations like this, developers are legally allowed to appeal to the board when no decision has been made within 120 days of an application.

Jodi Shpigel comments on the appeal

“Our decision was based primarily on the fact that it was a unanimous decision at community council,” said Jodi Shpigel of First Capital Realty to Inside Toronto. “That’s usually a clear indication of where City council will vote, so rather than wait a few more weeks for a council meeting, we just decided that now is the right time to file our appeal.”

The background of First Capital and the Humbertown proposal

For the past few years, First Capital has been planning on redeveloping the Humbertown Centre into a vibrant mixed-use area, one that will bring fresh new retail options, green space, and market condominiums. The first plan would have brought a series of towers ranging from 12 to 21 storeys, and almost 700 units, but after multiple consultations with the local community, the project was reduced to a five-building plan, with heights ranging between two and 12 storeys, and a maximum of 604 units. Despite the concessions, the local community wasn't happy, and voiced their issues in front of council.

“I think that the two positions are too far apart. Obviously they’re aware of what we’ve proposed, and we’ve heard of what they have proposed, and it seems that the two positions are too far apart to be able to come together,” Shpigel stated. “We already went through a very extensive working group process last summer and community meetings – more than a typical developer would in an application – and we were happy to do that.”

The Humbertown Centre and the OMB

This filing will certainly open the debate as to the worth and value of the OMB, and their hold on the Toronto real estate scene. There is something to be said for an independent legal body that simply looks at planning, and not emotions, to approve or reject developments.

We are looking forward to seeing how the action at Humbertown Centre plays out. Stay tuned, we’ll be releasing more information as it becomes available.