Tribunal allows appeal and approves residential development, removing unreasonable draft plan conditions regarding wetland and road infrastructure.
The appellant appealed the City of Welland's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Vacant Land Condominium to permit a residential development consisting of 85 townhouses and a 50-unit apartment building.
The Tribunal reviewed five disputed conditions of draft plan approval related to road construction, wetland infrastructure, and a transportation impact study.
Relying on the appellant's expert evidence, the Tribunal found the disputed conditions unreasonable and ordered them removed.
The appeal was allowed in part, approving the modified Official Plan Amendment, Zoning By-law Amendment, and Draft Plan subject to the remaining conditions.
OLTOntario Land TribunalJan 6, 2022
