The appellants appealed a zoning by-law amendment passed by the Township of Carlow/Mayo that authorized setbacks for existing buildings near Environmental Protection zones and waterbodies.
Prior to the hearing, the Freeman appellants and the Township reached a proposed settlement to repeal the amendment, which the Chadband appellants did not join but whose outcome they supported.
The Tribunal held a settlement hearing and, relying on uncontradicted expert planning evidence, found that the amendment was not consistent with the Provincial Policy Statement and did not conform with the County Official Plan.
The Tribunal approved the settlement, allowed the appeals, and repealed the zoning by-law amendment.