Benjamin Clare

The appellant appealed the City of Ottawa's refusal of consent and minor variance applications to subdivide a rural property into two parcels for detached dwellings.

The City opposed the applications, citing concerns over noise from an adjacent sand pit and potential impacts on future aggregate extraction.

The Tribunal preferred the evidence of the appellant's experts, finding that the proposed development would not hinder aggregate operations and that noise and groundwater concerns could be addressed through conditions of approval.

The appeals were allowed, variances authorized, and provisional consents granted.

The applicant appealed the failure of the Town of Perth and the County of Lanark to make decisions on a Zoning By-law Amendment and a Draft Plan of Subdivision within the statutory timelines.

The parties reached a settlement prior to the hearing.

Based on the uncontroverted expert planning evidence, the Tribunal found that the proposed 94-unit residential subdivision and associated zoning changes were consistent with the Provincial Planning Statement 2024, conformed to the applicable Official Plans, and represented good planning.

The Tribunal allowed the appeals and approved the settlement.

The appellant appealed the Town of Oakville's failure to make a decision on a site plan application for a warehousing property.

The parties reached a settlement to permit the continuation of warehousing uses with expanded parking, new access points, and enhanced landscaping, including a noise barrier.

Based on uncontradicted expert planning evidence, the Tribunal found the proposed site plan complied with the Planning Act, was consistent with the Provincial Policy Statement, and conformed to the Growth Plan and applicable Official Plans.

The appeal was allowed in part and the site plan was approved subject to conditions.