Andre Lower

The Ahmadiyya Muslim Jama'at Canada applied for an Official Plan Amendment and Zoning By-law Amendment to permit the development of a cemetery and accessory uses on lands designated as a prime agricultural area.

Neighbouring landowners appealed the municipal approvals under the Planning Act and the Funeral, Burial and Cremation Services Act.

The Tribunal found that the proposed cemetery is consistent with the Provincial Policy Statement, as there is an identified need for an Ahmadiyyan cemetery and no reasonable alternative locations exist.

The Tribunal also found that hydrogeological and traffic impacts can be appropriately managed through Site Plan Control.

The Tribunal concluded that the establishment of the cemetery is in the public interest, noting the Ahmadiyyan community's lack of a faith-based cemetery in Ontario.

The Planning Act appeals were allowed in part to implement the applicant's requested modifications to the planning instruments, and the FBCSA appeals were dismissed.

The appellant appealed the Municipality of Clarington's approval of a Zoning By-law Amendment (ZBA) that rezoned the adjacent property to permit a convenience store within an existing residential dwelling.

The appellant argued the ZBA lacked necessary traffic and parking studies and would cause unacceptable adverse impacts.

The Tribunal dismissed the appeal, finding that the use of a holding provision was appropriate to ensure technical issues are addressed at the Site Plan stage, and that the ZBA was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.