Bryce Jordan

The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment that permitted a commercial development including self-storage units.

The appellant failed to file responding materials or present any evidentiary basis to support its appeal.

The Tribunal found that the appeal did not disclose any apparent land use planning ground and had no reasonable prospect of success, as the appropriateness of the self-storage use had already been determined through an in-force official plan amendment.

The motion was granted and the appeal was dismissed without a hearing.

The appellants appealed the Regional Municipality of Durham's modifications to the Municipality of Clarington's Official Plan Amendment No. 124, specifically concerning Policy 4.4.7 of the Southeast Courtice Secondary Plan.

The parties reached a settlement to revise the policy to require an overall average density of 85 units per net hectare, with no individual development having less than 60 units per net hectare.

The Tribunal accepted uncontested expert planning evidence that the revised policy represents good planning, is consistent with the Provincial Policy Statement, and conforms with the Growth Plan and applicable official plans by facilitating a broader range of housing types, including townhouses.

The appeals were allowed to approve the modified policy.

The appellants appealed the Town of Whitby's approval of a temporary use zoning by-law amendment that permitted an existing rural residential structure to be used as a place of worship for three years.

The appellants raised concerns regarding traffic, parking, and building code compliance.

The Tribunal dismissed the appeal, accepting uncontested expert evidence that the temporary use was consistent with the Provincial Policy Statement, conformed to the Greenbelt Plan and applicable Official Plans, and could be safely accommodated by existing infrastructure.

The Tribunal approved the by-law in principle, withholding its final order until a Change of Use Permit is granted.