Bradley Baker

The appellant appealed the Town's refusal of an Official Plan Amendment and Zoning By-law Amendment, and the County's failure to make a decision on a Draft Plan of Subdivision, to permit a residential development including detached dwellings and apartment blocks.

The Tribunal found that while the proposed density was appropriate and the environmental features were generally adequately protected, the proposal failed to conform to the County Official Plan's mandatory 30-metre setback from a cold-water stream.

As no application to amend the County Official Plan was before the Tribunal, the appeals were dismissed.

The Appellants appealed the Town of Petrolia's adoption of an Official Plan Amendment and Zoning By-law Amendment that would permit residential development within a 10-hectare significant woodlot.

The Tribunal found that the Applicant's forestry and species at risk studies did not constitute a complete Environmental Impact Study (EIS) as required by the Provincial Policy Statement, County Official Plan, and Town Official Plan.

The Tribunal allowed the appeals and refused the amendments, concluding that a full EIS demonstrating no negative impacts on natural features or ecological functions is required before development can be considered.