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Tribunal approves settlement amending zoning by-law to include railway proximity mitigation measures for new subdivision.
The Canadian National Railway Company appealed the Town of Aylmer's approval of a Zoning By-law Amendment that permitted a residential subdivision near a railway line, citing concerns about safety, noise, and vibration.
Prior to the hearing, the parties reached a settlement and proposed a revised Zoning By-law Amendment that included a 15-metre rear yard depth to address the railway's concerns.
Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment consistent with provincial and local planning policies and allowed the appeal in part to implement the settlement.
