Appeal of zoning by-law amendment dismissed without a hearing as highway setbacks are outside Tribunal jurisdiction.
The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment that permitted a 48-storey mixed-use building.
The appellant argued that the by-law failed to establish appropriate setbacks from the adjacent highway corridor.
The Tribunal found that the required setbacks were under the exclusive jurisdiction of the Ministry of Transportation, and the appeal did not disclose any apparent land use planning ground upon which the Tribunal could allow the appeal.
The motion was granted and the appeal was dismissed without a hearing.
OLTOntario Land TribunalNov 16, 2023