Settlement approved amending community benefits charge by-law to align with Bill 23 Planning Act changes.
The appellant appealed the municipality's Community Benefits Charge By-law under s. 37(17) of the Planning Act, arguing that the calculation method failed to exclude existing pre-development buildings.
The parties reached a settlement to amend the by-law to align with recent changes introduced by Bill 23 to s. 37(32) of the Planning Act.
Supported by expert land economics evidence, the Tribunal found the proposed amendment consistent with provincial policies and applicable official plans.
The appeal was allowed in part to amend the by-law accordingly.
The Building and Land Development Association v. Markham (City), 2023 CanLII 46227