K. Smith

The applicant brought a motion to dismiss two appeals against the approval of an official plan amendment and zoning by-law amendment to permit a 662-unit subdivision on a former golf course.

The Tribunal dismissed the appeal by Hatem Abou El-Nile, finding that his concerns regarding mental health impacts from the loss of green space did not constitute recognized land use planning grounds.

However, the Tribunal denied the motion to dismiss the appeal by Friends to Keep Vaughan Green, finding that their appeal raised genuine, legitimate, and authentic land use planning issues worthy of adjudication, supported by expert evidence.

The appellant appealed the City of Ottawa Committee of Adjustment's decision to refuse one of four requested minor variances for a proposed 16-unit low-rise apartment building.

The refused variance sought a reduced rear yard setback.

The Ontario Land Tribunal heard unrefuted expert planning and architectural evidence supporting all four variances.

The Tribunal found that the requested variances, including the reduced rear yard setback, met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the City's Official Plan.

The appeal was allowed and all variances were authorized.

The applicants appealed the City of Ottawa Committee of Adjustment's refusal of consent and minor variance applications intended to facilitate the construction of a new semi-detached dwelling on separate parcels.

The City did not appear at the hearing.

Relying on the uncontested expert planning evidence provided by the applicants, the Tribunal found that the minor variances met the four-part test under the Planning Act and that the consent applications satisfied the statutory criteria.

The appeal was allowed, provisional consent was granted subject to conditions, and the variances were authorized.