Tribunal strikes down site plan conditions requiring off-site well monitoring as unauthorized under the Planning Act.
The applicant appealed the City's failure to make a decision on a site plan application and appealed certain conditions of a provisional consent to sever a property in an employment area.
The parties reached an agreement on the consent conditions prior to the hearing.
The sole remaining issue was whether two disputed site plan conditions, which required the applicant to monitor private wells on adjacent properties and provide a contingency plan, could be imposed by the City.
The Tribunal found that section 41(7) of the Planning Act provides a finite list of permissible site plan conditions and does not authorize conditions pertaining to works or monitoring outside the boundaries of the subject property.
The Tribunal approved the consent and site plan applications without the disputed conditions.
OLTOntario Land TribunalNov 17, 2023
