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Tribunal grants partial approval of secondary plan and zoning by-law, excluding site-specific appealed properties.
The Town of Fort Erie brought a motion seeking partial approval of Official Plan Amendment No. 56 (the Crystal Beach Secondary Plan) and Zoning By-law No. 144-2021, bringing them into force except for the specific properties under appeal.
The Tribunal applied the four-part test from Casertano and found that the planning evidence supported the secondary plan, the remaining appeals were scoped to site-specific properties, the draft order protected the remaining appeals, and partial approval was in the public interest to allow other development applications to proceed.
The motion was granted.
Parties directed to provide status update on remaining site-specific appeals by November 30, 2023.
A Case Management Conference was held regarding the remaining site-specific appeals to the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.
The parties reported positive ongoing discussions to resolve the remaining technical issues, with some appeals potentially being withdrawn.
The Tribunal directed the parties to provide a status update by November 30, 2023, and to schedule a further hearing by teleconference if necessary.
