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Tribunal approves settlement revising conditions and extending draft plan approval for Oak Bay subdivisions.
The applicants appealed the conditions of approval for two draft plans of subdivision in the Oak Bay Golf Marina Community.
The parties reached a settlement to extend the draft plan approval lapsing date, revise conditions related to a secondary access road, and update phasing and unit counts.
Relying on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and local official plans.
The appeals were allowed in part, and the revised conditions and draft plans were approved.
Tribunal schedules 10-day merit hearing and approves Procedural Order for subdivision conditions appeal.
The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the appellants against the conditions of draft plan of subdivision approvals by the District of Muskoka.
The Tribunal scheduled a 10-day merit hearing, approved the draft Procedural Order, and directed the parties to refine the Issues List prior to the hearing.
Appeals allowed and development amendments refused because a complete Environmental Impact Study was not conducted.
The Appellants appealed the Town of Petrolia's adoption of an Official Plan Amendment and Zoning By-law Amendment that would permit residential development within a 10-hectare significant woodlot.
The Tribunal found that the Applicant's forestry and species at risk studies did not constitute a complete Environmental Impact Study (EIS) as required by the Provincial Policy Statement, County Official Plan, and Town Official Plan.
The Tribunal allowed the appeals and refused the amendments, concluding that a full EIS demonstrating no negative impacts on natural features or ecological functions is required before development can be considered.
Motion for party status denied as moving parties lacked direct interest and their presence was unnecessary.
The Milton Phase 4 (West) Landowners Group Inc. and the Milton P4 Trafalgar Landowners Group Inc. (collectively MP4) brought a motion for party status in appeals concerning the Town of Halton Hills' Official Plan Amendment No. 32.
MP4 argued that the Regional Municipality of Halton's Natural Heritage System policies, which were modified in OPA 32, would affect their lands in the Town of Milton.
The Town of Halton Hills and the Region opposed the motion, arguing that MP4's lands were physically distant, they had not participated in the public process, and their addition would unnecessarily complicate the proceedings.
The Tribunal dismissed the motion, finding that MP4 did not have a direct interest in the proceeding, their presence was not necessary, and adding them would not be in the public interest.
