Angela Sciberras

The appellant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and site plan control to permit a residential development.

The parties reached a settlement to permit a revised 113-unit development.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local official plans.

The appeals were allowed in part to approve the revised instruments.

The applicants appealed the Town of Newmarket Committee of Adjustment's decision refusing three of four requested minor variances to permit the construction of a single detached dwelling on a vacant lot.

The variances sought relief for maximum building height, finished first floor height, driveway width, and porch step encroachment.

The Ontario Land Tribunal allowed the appeal and authorized the variances, finding that they met the four tests under s. 45(1) of the Planning Act.

The Tribunal accepted the unchallenged planning evidence that the proposed contextually-sensitive infill development was compatible with the surrounding neighbourhood, particularly given the site's unique topography.

The applicant appealed the Town of Aurora's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit a multi-storey residential development.

Prior to the hearing, the parties reached a settlement revising the proposal to two 8-storey towers with 223 units and 14 affordable rental units.

Based on the settlement and uncontroverted expert planning evidence, the Tribunal allowed the appeals in part, approving the planning instruments and granting site plan approval in principle.