Alex Herlovitch

The applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit the development of eight new residential units on a waterfront property.

The Tribunal considered issues related to stormwater management, environmental impacts, and conformity with local land use planning policies.

While finding that a holding provision could address stormwater and environmental concerns, the Tribunal ultimately dismissed the appeal.

The Tribunal concluded that the proposed urban form of development was uncharacteristic of the surrounding hodgepodge cottage country, did not harmoniously integrate into the waterfront community, and failed to conform to the Town's Official Plan and the Crystal Beach Secondary Plan.

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.

The appellant appealed the City of Niagara Falls' adoption of Official Plan Amendment No. 127 and an implementing zoning by-law, which permitted Vacation Rental Units (VRUs) as-of-right in certain commercial zones but required site-specific amendments for residential zones.

The appellant argued VRUs should be permitted as-of-right in residential zones.

The Tribunal found that the City's approach appropriately balanced the need to support the tourism industry with the obligation to provide a range and mix of housing for residents.

The Tribunal dismissed the appeals, finding the instruments consistent with the Provincial Policy Statement 2020 and in conformity with the Growth Plan 2019, the Region of Niagara Official Plan, and the City's Official Plan.