By Pam Wright
Local Journalism Initiative Reporter
The Ontario Land Tribunal has approved a developer’s request to build a nine-storey 87-unit apartment building in south Chatham.
This despite the fact that in 2025 council vetoed the project, voting against a recommendation from Chatham-Kent’s planning department to allow it to proceed.
Discussed in open council April 13, the OLT ruling elicited strong words from councillors with different perspectives. Chatham Coun. Brock McGregor said following the file for the past two years has been “frustrating,” stating that once a matter goes to the OLT, council’s influence on development is lost.
“I think when we look at this decision, we delayed significantly, development of housing in our community, in an environment where we have a shortage of housing,” McGregor told council. “From an accountability and transparency perspective, the community should have eyes on this. We had all the information we needed at numerous points to inform this decision. This was an avoidable outcome. It was a bad outcome for the municipality. It was a bad outcome for taxpayers. It was a bad outcome for neighbourhood residents.”
The developer’s bid to build the complex at 50 Indian Creek Rd. W. was submitted to the municipality in September 2024 and first came to council for public input in January 2025. From the outset, it faced strong opposition from neighbouring residents who cited privacy concerns related to the structure’s height, as well as worries about traffic.
Council subsequently postponed making a decision on the project. In turn, the developer appealed it to the OLT based on what’s termed a “non-decision.”
Originally, C-K planning services recommended council accept a settlement proposal from the development. In that settlement, the developer agreed to lower the building from nine to eight storeys and to transfer a portion of land for a future road extension. The land that would have been transferred is valued at between $100,000 to $200,000.
In November 2025, the OLT ruled that the developer could proceed with its initial proposal, meaning the structure is allowed to go ahead at nine storeys. No land transfer will take place.
In speaking to the matter, South Kent Coun. Ryan Doyle expressed dismay about the tribunal decision, noting he wasn’t aware the developer could take it to the OLT in 90 days if council did nothing.
“That would have been key information for us to know,” Doyle said. “We knew full well that residents weren’t going to be happy with a nine-storey building there.
“That kind of set us up not to win this right off the bat,” he added. “It (the build) does not fit with the neighbourhood, so in my opinion, I don’t think this should have been recommended to us at all in the first place. It should have been declined.
“I’m very sorry for constituents,” Doyle said. “I apologize. This is one that got through. We were told we weren’t going to win and we couldn’t send anyone to fight it. But in turn, that’s not accurate.”
According to C-K corporate communications manager Eric Labadie, the municipality was represented at the hearing by external counsel, noting the municipality’s transportation and traffic concerns about the project were raised at the hearing and the concerns were identified in the opening submissions.
C-K officials stated that if council chooses to fight a planning matter, the municipal planning department can’t represent the municipality at the OLT, as C-K’s planning department took the position the project should have gone ahead at eight storeys and the settlement offer should have been accepted.
The developer conducted two traffic studies on the matter. The second one was done after councillors pointed out the first one did not take traffic created by nearby schools into account.
