Neighbour’s appeal of Breithaupt Block 3 re-zoning to be heard at tribunal

On June 25, 2018 the City of Kitchener granted Perimeter Development’s re-zoning request to allow the build of a 50-meter office complex and a five/six storey parking garage on the parking lot at Breithaupt/Moore Avenue known as BB3 (Breithaupt Block Three).

Numerous residents, including many from other areas in the City, made presentations to Council objecting to the planned development. 137 immediate neighbours filed a petition objecting to the planned development.

On behalf of all of those objecting to the build, Dawn Parker and Catherine Owens filed appeals through the Local Planning Appeals Tribunal ( Since last summer, they have been working with staff from the Local Planning Appeal Support Centre, who are representing us before LPAT.

A local professional has also been working with Dawn and Catherine to provide written expert witness testimony for the case.

LPAT has now set a date and time for the Case Management Conference (CMC)

Friday March 8, 2019
10am – TBD
Council Chambers, Kitchener City Hall
200 King Street West

The meeting is open to the public. People are welcome to come or leave at any time that suits in their schedule

If you were one of the residents who objected to the BB3 build in our residential area you might want to attend the CMC.  However, only registered parties will be allowed to speak. Although Dawn and Catherine are “appellants”, their appeal will be presented by the LPATSC team (lawyers/planners).

There has been significant opposition to this build in our residential neighbourhood and we are hoping that any residents who are available to attend the CMC on March 8th can join us at the show support for our opposition to the build.

Sincerely, Dawn and Catherine

If you have any questions about how the CMC process works go to the LPAT support centre (

About LPAT

The Local Planning Appeal Tribunal (LPAT) is an adjudicative tribunal that hears cases in relation to a range of municipal planning, financial and land matters. These include matters such as official plans, zoning by-laws, subdivision plans, consents and minor variances, land compensations, development charges, electoral ward boundaries, municipal finances, aggregate resources and other issues assigned by numerous Ontario statutes.

LPAT is part of Environment and Land Tribunals Ontario (ELTO), a cluster of tribunals that adjudicate matters related to land use planning, environmental and heritage protection, property assessment, land valuation and other matters.

History of LPAT

LPAT was formerly known as the Ontario Municipal Board (OMB). The OMB was an independent adjudicative tribunal that conducted hearings and made decisions on land use planning issues and other matters. The OMB was also Ontario’s first independent, quasi-judicial administrative tribunal. Originally named the Ontario Railway and Municipal Board (ORMB), the ORMB oversaw municipalities’ accounts and supervised the rapidly growing rail transportation system among municipalities. In 1906, the ORMB assumed new responsibilities, including those previously carried out by the Office of the Provincial Municipal Auditor, and was renamed to the OMB in 1932.

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