London-based developer appealing UTRCA refusal to permit new fast-food commercial development in river’s floodplain

The Ontario Land Tribunal will hear an appeal from a developer over a proposed McDonald’s restaurant on a floodplain. Daryl Newcombe reports.

More than a year after the Upper Thames River Conservation Authority (UTRCA) refused to permit a fast-food restaurant and commercial development on a property within the river’s floodplain, an appeal is about to be heard by the Ontario Land Tribunal (OLT).

Farhad Noory of Royal Premier Development is challenging the conservation authority’s refusal to grant a Section 28 permit under the Conservation Authorities Act for his proposed commercial development at 1310 Adelaide St. N. and 795 Windermere Rd. in London.

The merit hearing in front of the OLT begins later this week.

“I’m not lovin’ it,” said Dr. Brendon Samuels, referencing the McDonald’s golden arches logo in the developer’s 2024 conceptual drawing.

Samuels is a nearby resident and instructor in urban planning at Toronto Metropolitan University who has serious concerns about the proposed development in the Thames River’s floodplain.

“We’ve heard from city staff recommending against this proposal [and] we’ve heard from the conservation authority’s experts saying this does not align with our policies,” he told CTV News.

A fire in April 2021 led to the demolition of two vacant buildings on the site: a house and a former athletic club.

A letter to the OLT detailing the rationale behind the appeal argues the proposal represents a replacement of the previously existing structures, however the UTRCA ruled that it constituted intensification within the floodplain.

It reads, “Redevelopment of the property where the former structures on the property are being replaced and does not represent new development on greenfield/undeveloped lands.”

In November 2024 when the UTRCA refused the permit, Chair Brian Petrie told CTV News, “They felt that it was an intensification of use which resulted in it not being able to be approved under our replacement structures in the Floodway policy.”

Noory’s appeal states, “The revised development results in over half [52 per cent] of the lot area would consist of a naturalized drainage channel that would surround the new development, between 16 metres to 21 metres in width at a varying depth.”

The letter goes on to claim the channel is intended to direct high-volume water flows during extreme storms (one in 250-year event) to mitigate potential flood impacts from the proposed floodproofing, improve access along Windermere Road, and re-direct/alleviate stormwater in an effective and efficient manner.

Samuels however is not convinced.

“This area will flood, and the mitigation being proposed is not satisfactory. What else do we need to determine? This is a bad idea,” he said.

In February 2024, London City Council approved (10-5) rezoning on site for Noory’s commercial development but noted the decision about the floodplain would be up to the conservation authority.

At the time Coun. Skylar Franke warned, “I do think that this area will flood and this development will eventually be underwater, regardless of whether or not there’s a moat and a drawbridge.”

However, Coun. Peter Cuddy countered, “I think, quite frankly, that it will work. And while there may be some flooding, it’s really not our problem. It will be the problem of the developer and the owners.”

CTV News attempted to contact Farhad Noory of Royal Premier Development but received no response.

His appeal documents claim the redevelopment will permit safe access during flood events and will not jeopardize the health/safety of people or damage other property.

Samuels is concerned that the province’s decision-makers at the OLT will not have sufficient site-specific knowledge of the property in question.

“Local decision-making voices matter a lot,” said Samuels. “I trust the experts at the Upper Thames River Conservation Authority, as it’s called today, and I trust the City of London planning staff. I don’t know what expertise is accessible to the Ontario Land Tribunal to compare modeling done by a for-profit developer and their representatives [versus] what the conservation authority has already produced,” he explained.

Seven days are set aside for the OLT Merit Hearing starting on April 9.

The Section 28 regulation allows the UTRCA to ensure that proposed development and other activities have regard for natural hazard features in order to:

• Prevent loss of life
• Minimize property damage and social disruptions
• Reduce public and private expenditures related to emergency operations, evacuations and restoration
• Minimize the hazards associated with development in flood plains and areas that are susceptible to erosion, which may require expensive protective measures in future years