Tribunal dismisses appeal, allows garden suites to be built in Toronto – Toronto

Garden suites are allowed in Toronto after an appeals court dismissed attempts to block a city ordinance allowing the units to be built.

In February, Toronto City Councilors passed a by-law allowing residents to build second homes, called garden suites, next to their property.

A garden suite is a dwelling unit “usually located in the backyard of an existing home, but separate and detached from the main home,” according to a definition released by the city in February.

The city said garden suites are “generally” smaller than the main house on the property and are often created as a way to accommodate family members such as parents, grandparents or adult children. They can also be used as rental units.

The statute has been proposed as a potential way to reduce Toronto housing costs for homeowners and renters by expanding supply through refill.

A Rentals.ca report found that the average one-bedroom unit in Toronto cost $2,133 in June — a nearly 16 percent increase from 2021.

However, the statute was challenged by a group of Toronto-based associations, Building Better Neighborhoods, in the Ontario Land Tribunal (OLT).

“In its appeal, the alliance argues that the city has significantly exceeded provincial regulations restricting garden suites to single family homes, semi-detached homes and townhouses,” the group said in a statement released March 8.

That appeal was dismissed on July 4, allowing the City of Toronto’s February bylaws to go into effect, the city said in a press release.

The decision means garden suites can now be built in Toronto if they conform to other area-specific planning rules.

If a proposed garden suite meets zoning regulations — for example, no taller than maximum height regulations — it only needs planning permission to be built, the city said.

For garden suite plans that do not meet local building code regulations, residents may apply to the Toronto Adaptation Committee for a minor variance.

“This is good news and it will help drive more housing construction,” Toronto Mayor John Tory said in a statement.

Gregg Lintern, Toronto’s chief planner, said the Garden Suites approval is an “important step” in expanding the city’s housing options and supply.

Doug Ford and the Progressive Conservatives also pledged to build 1.5 million new homes over 10 years during the campaign.

– with files from Hannah Jackson of Global News