Bradley Byvelds

The Appellant appealed the County of Renfrew's failure to make a decision on a proposed draft plan of subdivision for 26 waterfront residential lots.

The primary issue was the adequacy and required upgrade standards for a private access road (Pasco Road) located on an unopened road allowance shared by two adjacent townships.

The Tribunal found that because the two townships could not agree on the standard to which the access road should be upgraded, the application failed to satisfy section 51(24)(e) of the Planning Act.

Consequently, the Tribunal determined the proposed subdivision was premature and dismissed the appeal.

The appellant appealed two conditions of draft plan approval for a subdivision that required the dedication of a 40-metre wide transitway right-of-way at no cost to the City.

The required dedication represented 19.1% of the total area of the plan of subdivision.

The Tribunal found that while the transitway was necessary for the City's orderly growth, requiring the dedication of the entire right-of-way at no cost was not reasonable, relevant, necessary, or equitable for this specific development.

The Tribunal allowed the appeal and amended the conditions to require the appellant to dedicate 5% of the land area at no cost, with the City to compensate the appellant at fair market value for the remaining land required.