The applicant appealed the municipal committee of adjustment's denial of a minor variance to permit a maximum building height of 10.4 metres for 11 proposed single detached dwellings.
The municipality did not appear at the hearing.
Relying on uncontested expert planning evidence, the Tribunal found that the variance met the four tests under the Planning Act, as it was consistent with provincial policies, conformed to the official plans, and was minor and desirable for the appropriate development of the land.
The appeal was allowed and the variance was authorized.