The Proposed Development

An Official Plan and Zoning By-law Amendment Application have been submitted to the Town by Bousfields Inc. on behalf of the owners of 5205 King Street and a vacant property immediately to the west in Beamsville.

The subject lands are within the Town’s Official Plan General Commercial and Natural Environment policy areas. Within the Town’s Zoning By-law, the subject lands are designated as General Commercial (GC) and Environmental Conservation (EC).

Purpose

The purpose of the proposed applications is to permit:

  • two mixed-use buildings of 6-storeys and 7-storeys in height with 1,071 square metres of ground floor commercial space and 246 dwelling units;
  • a separate building located to the rear of the proposed buildings, intended for private amenity space for the residents of the proposed development;
  • total of 310 parking spaces, located to the rear of the proposed mixed use buildings.

Proposed Amendments

  • The Official Plan Amendment seeks to increase the maximum building height and maximum residential density on the subject lands.
  • The Zoning By-law Amendment is requesting to increase maximum building height and front yard setbacks from King Street, reduce the minimum width of landscape strips and two-way traffic aisles and to increase the minimum balcony setbacks from front and exterior side yards.

These applications have been appealed to the Ontario Land Tribunal.

View the Report and Supporting Documents

Recognizing the community's interest and concern towards the proposed development at 5205 King Street, Beamsville, Town of Lincoln Council has voted unanimously for Report No. PD-28-25, Official Plan and Zoning By-law Amendment by Bousfields Inc. at 5205 King Street, originally considered in closed session pursuant to section 239 of the Municipal Act, 2001 on November 3, 2025, to be released to the public.

For more information, see the Report and related documents on the right hand side of this page.

The Town of Lincoln's Position

The Council of the Town of Lincoln opposes the appeal.

  • The developer has appealed their application for a condominium development at 5205 King Street to the Ontario Land Tribunal (OLT) due to a non-decision by the Town – a routine and permitted step in the development process.
  • Throughout the review, Town staff worked closely with the developer to find common ground, a standard and responsible practice used across municipalities.
  • When it became evident that significant differences remained, the developer chose to proceed with an appeal rather than continue discussions.
  • This did not signal an error or put the Town at a disadvantage.

What's the OLT Process?

  • The OLT reviews all relevant planning evidence, submissions, and documentation whether a file reaches them through a non-decision or a refusal.
  • The Town solicitor provided legal guidance at each stage, and on November 3, Council unanimously approved a report outlining the Town’s recommended position.
  • While the path has shifted, the process remains the same: Council has taken a formal stance, and the Town will present a full, evidence-based case at the OLT.
  • The non-decision does not influence any OLT ruling on the appeal. The OLT will take into account all evidence received and issue a decision based on the hearing process and what is brought forward, along with applicable planning policy.

Appeal Status

  • The OLT appeal process is still in the early stages.
  • A case file number has been assigned (OLT-25-000754); however no hearing date has been scheduled.
  • The Case Management Conference (CMC) date is set for Thursday, January 22, 2026.
    • A CMC does not constitute a hearing. It is held in advance with the objective of establishing the issues to be considered and the timelines for the exchange of evidence, as well as scheduling the hearing dates.
    • See OLT notice letters on the right-hand side of this page.
  • Please note that the overall OLT hearing process from start to finish can often take up to several months.

Get Involved

If you are considering seeking party or participant status at the upcoming OLT hearing, please read the following important information.

If you wish to participate in the hearing, you will need to decide whether you want to request party status or participant status by January 22, 2026.

Request Participant or Party Status

Parties are able to fully participate in the hearing, including presenting evidence through witnesses, questioning witnesses, and making opening and closing submissions. While an OLT hearing is a formal process, not unlike a court, parties are not required to have lawyers, although there are circumstances where retaining legal representation or subject matter experts does occur.

Participants may submit a written statement expressing their views but do not have the same rights as parties and do not provide oral evidence but rather simply observe the hearing.

Next Steps

  1. Once completed, your form must be submitted at least 10 days before the scheduled CMC for this appeal.
  2. The form should be sent to the Tribunal Case Coordinator, Haris Akhtar (647-338-8979 or Haris.Akhtar@ontario.ca) and to all parties listed in the notice of hearing.
  3. Attendance at the CMC is required for your request to be considered.
  4. If you or your representative do not attend, your request may be refused or dismissed.
  5. The Town will provide notification when a CMC is scheduled.

More Info

Review the Tribunal’s Rules of Practice and Procedure on their website:

The Tribunal’s website also has a comprehensive video which helps to understand the process (How to request party or participant status | Ontario Land Tribunal). Even though no CMC has been scheduled, you are able to contact the Case Coordinator ahead of time.