Bob Clark

The appellant appealed the City of Peterborough's failure to adopt an Official Plan Amendment and its neglect to make a decision on a Zoning By-law Amendment.

The amendments sought to change the designation of the subject lands from Commercial to High Density Residential to permit a 76-unit, 7-storey residential building.

The Tribunal heard extensive expert evidence on land-use planning, ecology, transportation, and engineering.

The Tribunal preferred the evidence of the appellant's experts and City staff, finding that the proposal represents an appropriate infill development that is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and has adequate regard for environmental and safety concerns.

The appeals were allowed and the amendments approved.

The appellants appealed the refusal of their applications for a Zoning By-law Amendment and consent to sever a 0.8-hectare parcel for residential purposes.

The key issue was whether the proposed reduction in the Minimum Distance Separation (MDS) setback from an adjacent livestock facility was appropriate.

The Tribunal found that the applications were not consistent with the Provincial Policy Statement, did not conform to the Official Plan, and did not meet the limited site-specific circumstances for reducing the MDS setback under Guideline 43.

The appeals were dismissed.

The applicants appealed the refusal of their consent and minor variance applications by the Town of Cobourg Committee of Adjustment.

The applications sought to sever a residential lot in the West Heritage Conservation District to create a new infill lot and to permit a reduced lot frontage for the new lot.

The Tribunal allowed the appeals, finding that the proposed severance had regard to the criteria in s. 51(24) of the Planning Act and that the minor variance met the four tests under s. 45(1).

The Tribunal accepted uncontroverted expert evidence that the proposal was consistent with provincial policies, conformed to the official plans and heritage guidelines, and would not adversely impact the cultural heritage value of the district.