Simranjeet Mann

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications for a high-density residential development.

The Tribunal consolidated the appeals, approved a revised Procedural Order, and scheduled a 10-day video hearing.

The applicant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 10-storey residential building.

The parties reached a settlement and presented the revised instruments to the Tribunal.

Relying on uncontested expert planning evidence, the Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable official plans, and represents good planning.

The appeal was allowed and the planning instruments were approved.

The applicant appealed the conditions of a provisional consent to sever a property granted by the County of Huron.

Prior to the hearing, the parties reached a settlement amending the conditions to require an easement for beach access and the transfer of an existing laneway to the Township.

Based on uncontested expert planning evidence, the Tribunal found the amended conditions reasonable and the proposed severance consistent with the Provincial Policy Statement and s. 51(24) of the Planning Act.

The appeal was allowed in part to implement the settlement.