Aloma Dreher

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.

The Tribunal held a settlement hearing regarding an appeal of the Township of King's new Official Plan.

The appellant sought site-specific modifications to permit a 48-unit townhouse development, which had been previously approved in principle.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications were consistent with the Provincial Policy Statement, conformed to the Growth Plan and Regional Official Plan, and represented good planning.

The appeal was allowed in part to modify the Official Plan accordingly.

The applicants sought minor variances for height and lot coverage to permit the construction of a new two-storey dwelling with a cabana and pool.

The Committee of Adjustment approved the application, and a neighbour appealed the decision to the Ontario Land Tribunal.

The Tribunal found that the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and satisfied the four tests for minor variances under section 45(1) of the Planning Act.

The Tribunal accepted the expert planning evidence that the proposed dwelling was compatible with the established residential neighbourhood and that the variances were minor in nature.

The appeal was dismissed and the variances were authorized subject to conditions.