Sarnia Observer: Council backs committee in Indwell land tribunal fight

In a close vote on Monday, Sarnia council backed the city’s committee of adjustment in the sarnia observer dispute over Indwell’s revised George Street housing proposal. The decision means the city will defend the committee’s February refusal of the 35-unit, five-storey project at the Ontario Land Tribunal. The next step is an initial conference and possible negotiations on May 6, with the appeal now moving into a higher-stakes phase.
What council decided
Council voted 5-4 to support the committee’s rejection of the application, choosing that path over a staff recommendation that would have supported approval, and over the option to do nothing. The plan at issue was a revised version of Indwell’s original proposal, which had been for 50 supportive housing units on vacant George Street land donated by Lambton County.
The committee of adjustment said the project amounted to overdevelopment and said the matter should be handled through a zoning bylaw amendment request instead. The key complication is that Sarnia’s zoning bylaw does not yet define supportive housing.
That gap matters because the proposal shifted during the process. Indwell first sought approval for supportive housing, then resubmitted a smaller apartment-style plan with on-site staff space, adjusted parking, and changes intended to address neighbour concerns and fit the site more closely. City planning manager Eric Hyatt said Sarnia does have some supportive units already, but they are within buildings categorized as apartment buildings.
How the dispute is set up
By siding with the committee, council is committing the city to hire external planners and legal counsel. A city legal report says planning support could run as high as $80, 000, while lawyers are expected to cost between $400 and $600 an hour. The report also notes that city staff may be called to testify if the matter proceeds to a hearing.
Monday’s vote came after councillors weighed three paths: support staff, support the committee, or take no position. The legal report warned that doing nothing was not advised, because the tribunal could overturn the committee’s decision and staff would have no role in the case.
In the middle of the debate, Coun. Anne Marie Gillis said, “This decision that they made has carried a lot of weight, ” adding that she agrees with the committee. She also said she believes the committee’s criteria may have been outside the scope of the Planning Act.
Immediate reactions and next steps
The discussion also turned to the broader housing need in the city and county. Coun. Chrissy McRoberts said she worries about where people in need of affordable housing will live, while Coun. Terry Burrell pointed out that Sarnia’s bylaws do not mention supportive housing. Mayor Mike Bradley said it is possible the city could add zoning for supportive housing at a special council meeting on May 11.
Indwell’s revised proposal is now headed toward the Ontario Land Tribunal, where the committee’s decision will be tested. A case management conference is scheduled for May 6, and the city’s choice to defend the committee means the file is likely to stay active in the coming weeks. For now, the sarnia observer fight is about more than one site on George Street; it is also about how Sarnia defines supportive housing in the first place.




