A. Lusty

The applicant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision for a residential development in the Hamlet of Claremont.

Prior to the hearing, the parties reached a settlement.

Based on the uncontroverted expert land use planning evidence, the Tribunal found the settlement proposal was consistent with the Provincial Policy Statement, conformed to the applicable official plans, and satisfied the criteria under the Planning Act.

The Tribunal allowed the appeals in part, amending the zoning by-law and approving the draft plan of subdivision subject to conditions.

A second Case Management Conference was held regarding an appeal of the Region of Peel's Development Charges By-law No. 77-2020.

The parties advised the Tribunal that they are continuing negotiations to narrow the issues or achieve a full resolution.

The Tribunal noted that an Amended Procedural Order had previously been issued on consent, setting a new hearing date for November 28, 2022.

The parties were directed to contact the Tribunal if a further Case Management Conference or settlement hearing is required.

The applicant brought a motion during a Case Management Conference to exclude certain issues proposed by a party, David Masters, from the Procedural Order's Issues List.

The applicant argued the issues offended the Clergy principle, which the Tribunal had previously determined applied to the 1990 applications.

The Tribunal agreed to exclude issues testing conformity against the current Official Plan, as Clergy dictates the applications be assessed against policies in force at the time of application.

An issue questioning the statutory status of the 1991 Claremont Development Plan was rephrased and permitted to remain.

The Procedural Order was approved as amended.

The applicant appealed the City of Ottawa's refusal of a zoning by-law amendment to permit a six-storey self-storage building and a restaurant on an arterial mainstreet.

The City argued the site was a gateway and the use was inappropriate as it lacked residential development.

The Tribunal allowed the appeal, finding the proposal consistent with the Provincial Policy Statement and in conformity with the Official Plan and Secondary Plan.

The Tribunal preferred the applicant's expert evidence that the development introduces an innovative mix of uses, improves the public realm, and represents an efficient intensification of an underutilized site.

A Case Management Conference was held regarding appeals by Claremont Development Corporation against the City of Pickering's failure to make decisions on subdivision and zoning by-law amendment applications for a 71-lot residential development.

The Tribunal directed the parties to finalize a Procedural Order and Issues List, and scheduled a 14-day video hearing to commence in August 2022.