Tribunal grants motion releasing lands outside a specific Zoning By-law Amendment area from an Interim Control By-law freeze.
The City of Burlington brought a motion during a Case Management Conference to release the freeze on certain lands under an Interim Control By-law (ICBL).
The ICBL remained in effect due to appeals of a Zoning By-law Amendment (ZBA) that applied only to a specific area near the Burlington GO Station.
The Tribunal found, based on uncontested planning evidence, that the ZBA did not apply to the lands outside its specific area.
Consequently, pursuant to s. 38(6.1) of the Planning Act, the Tribunal's finding invoked the release of the ICBL for all remaining lands outside the ZBA area, allowing prior zoning to resume effect.
OLTOntario Land TribunalOct 22, 2021