The appellants appealed a Superior Court decision that rescinded a building permit issued by the Chief Building Official (CBO) for the construction of a riding arena on a property in the Oak Ridges Moraine.
The appeal judge had found that the arena was not a permitted agricultural use under the zoning by-law and that the CBO failed to consider the Official Plan's major development policies.
The Divisional Court allowed the appeal, holding that the appeal judge erred by applying a correctness standard instead of reasonableness to the CBO's interpretation of the home by-law.
The Court found the CBO's conclusion that the arena was a permitted principal agricultural building was reasonable and correct.
Furthermore, the Court held that conformity with the Official Plan is not 'other applicable law' under the Building Code Act that would justify refusing a permit.
