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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.
Leave to appeal OMB decision denied; Board did not err in applying the Clergy Principle.
The City of Toronto and Kingsway Residents Against Poor Planning brought motions for leave to appeal an Ontario Municipal Board (OMB) decision approving a zoning by-law amendment for a seven/eight-storey development.
The applicants argued the Board erred in law by applying the repealed Etobicoke Official Plan rather than the City's in-force Official Plan, relying on the 'Clergy Principle'.
The Divisional Court dismissed the motions, finding the Board committed no error of law and properly exercised its discretion in weighing the evidence and applying the Clergy Principle.
