Toronto garden suites approved after Ontario Land Tribunal dismisses appeal by homeowner’s group

An appeal of the Toronto bylaw that allows garden suites to be built has been dismissed by the Ontario Land Tribunal, formally permitting their construction.

A homeowner’s group called the Building Better Neighbourhoods alliance — which includes resident associations from across Toronto — claimed that the city council “clearly over-reached provincial regulations that limit garden suites to single-detached, semi-detached, and townhouses.”

They said there was no legal authority for the City to allow for multiplexes and low-rise apartment buildings. The City introduced a motion to dismiss the appeal on June 2 and the motion was approved on Wednesday.

After years of discussion and public consultations, council made the decision to allow garden suites on February 2 with the vast majority supporting the idea as a way to provide alternative and more affordable housing.

Garden suites allow property owners to build more housing in the backyard of an existing home.

An Alliance spokesperson at the time told CityNews they supported “appropriately-sized, appropriately-placed garden suites,” but stated that this bylaw was an overreach.

In a release, the City said allowing greater variety in the type and form of housing is one solution to increasing housing choices as Toronto faces substantial housing needs.

Residents can now officially submit a garden suite proposal and if all performance criteria are met, including maximum building height, only a building permit application is required.

“This is good news and it will help get some more housing built. Garden suites are often a way to create homes for family members — parents, grandparents or adult children — or can be used as rental housing units,” said Mayor John Tory in a release.

“The Garden Suites regulations approved earlier this year represent a ‘Made In Toronto’ solution with sensible regulations to protect neighbours, trees/greenspace and gentle density.”

“Garden suites and other initiatives to expand housing options in low-rise neighbourhoods are key to creating a diverse mix of housing choices that is affordable and accommodates people at all stages of life, household size and income level,” added Deputy Mayor Ana Bailão, who is also the Chair of the Planning and Housing Committee.