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Tribunal ruling clears way for No Frills plaza in Tottenham

Posted December 6, 2018

The Local Planning Appeal Tribunal (LPAT) issued its ruling today in favour Ballymore's No Frill's plaza in Tottenham.

LPAT, which took approximately 15 months to render its decision, determened "introducing a third supermarket to Tottenham by approving the (zoning bylaw amendment) would not disrupt the planned function of the Town's commercial structure" in its 24-page ruling.

The Town approved Ballymore's' development of a 5,600 sq m multi-building commercial plaza, including a 2,100 sq m supermarket over 5.7 acres (2.38 hectares) located at the northeast corner of Mill Street East and Hawke Crescent in Tottenham. Its anchor at the time was a proposed No Frills grocery store.

Tottenham Mall owner Justin Piersanti appealed, arguing the community couldn't support another grocery store.

"Tribunal has reached its decision on the basis of a "reasonable middle ground," according to the ruling signed by Stefan Krzeczunowicz. "The middle ground leaves the Tribunal in no doubt that the Tottenham community, while it can currently sustain the Foodland and Vince's, will need additional supermarket space before 2031. Moreover, if a supermarket was to open in 2020, current inflow and capture rates in the trade area would likely increase, though to what degree and how quickly is very uncertain."

LPAT agreed a third store would impact on existing grocery stores in the market area.

"To be sure, the ability of the community to sustain three supermarkets in the near future is not certain. The market impact studies indicate that the Foodlands in Beeton and Tottenham would be most affected by the Ballymore proposal, and closure of one of these stores is possible. Vince’s supermarket is also not immune to risk," according to the ruling.

"However, the Tribunal is not persuaded that a supermarket closure arising from approval of the Ballymore applications would jeopardize the planned function of the commercial structure of the Town of New Tecumseth. Certainly urban blight is not of concern. The northern Commercial Corridor area of Tottenham would likely remain a gateway commercial location to Tottenham in the same way that the Deer Park area serves as a gateway to the south. All Corridor Commercial areas in the community would continue to serve neighbourhood retail needs as they have done in the past with or without supermarkets. Most importantly, the downtown area (and indeed the Tottenham Mall), which is already a demonstrably vibrant commercial area, will continue to serve as the focal point of the community in a manner anticipated by the planning policy framework."

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All stories, unless otherwise noted,
by Tony Veltri