Andrew Pascuzzo

The appellant appealed the Town's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit the creation of 12 lots for commercial accommodation lodges.

The Town opposed the applications, arguing the proposed use was effectively a short-term accommodation or residential use not permitted in the Resort Commercial designation.

The Tribunal preferred the appellant's expert evidence, finding that the proposed commercial accommodation lodges are a permitted use, conform with the Official Plans, and represent good planning.

The appeals were allowed, the by-law was amended, and the draft plan was approved subject to conditions.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for an on-farm diversified use (agri-tourism and retail) on the applicant's property.

The central issue was whether the property constituted a Prime Agricultural Area, which is a prerequisite for the proposed use under the Niagara Escarpment Plan.

The Hearing Officers found that the property was not mapped as a Prime Agricultural Area by the Province, and a site-specific agrology study could not override provincial mapping and implementation procedures.

The Hearing Officers recommended that the development permit be refused, and the Minister subsequently refused the application.

The applicant appealed the Town's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications for a residential development.

The parties reached a settlement restricting development to below the 240-metre contour line.

The Tribunal approved the settlement, finding the proposed instruments consistent with the Provincial Policy Statement, in conformity with the Niagara Escarpment Plan and local official plans, and representing good planning.

The applicant appealed the Town of Collingwood's failure to make a decision on zoning by-law amendment and site plan applications for a six-storey mixed-use development.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with applicable growth plans and official plans.

The Tribunal allowed the appeals in part, approving the planning instruments in principle, and withheld its final order pending the submission of final documents and resolution of an interim control by-law.