2 total
Appeals of official plan amendment dismissed for lack of standing as amendment did not apply to appellants' lands.
The Municipality of Clarington brought a motion to dismiss the site-specific appeals of Official Plan Amendment No. 126 (OPA 126) filed by two landowners.
The municipality argued that the appellants lacked standing under section 17(36) of the Planning Act because their properties were located within a 'Future Block Master Plan' area that was expressly deferred and excluded from OPA 126.
The Tribunal found that the appellants did not meet the statutory eligibility requirements to appeal, as the adopted amendment did not apply to their lands.
The motion was granted and the appeals were dismissed.
Party status granted and one appeal dismissed for lack of prior submissions at first CMC.
This was the first Case Management Conference regarding appeals against Official Plan Amendment 126 to update the Brookhill Neighbourhood Secondary Plan in Clarington.
The Tribunal granted party status to Brookhill North Landowners Inc. and confirmed statutory party status for the Municipality of Clarington.
The Tribunal dismissed the appeal of Susan Seger as she did not make oral or written submissions prior to the adoption of the plan, and directed that any challenges to the validity of the remaining appeals must be brought by motion.
A second Case Management Conference was scheduled.
