Celina Whaling-Rae

The applicant appealed the conditions of a provisional consent to sever a property granted by the County of Huron.

Prior to the hearing, the parties reached a settlement amending the conditions to require an easement for beach access and the transfer of an existing laneway to the Township.

Based on uncontested expert planning evidence, the Tribunal found the amended conditions reasonable and the proposed severance consistent with the Provincial Policy Statement and s. 51(24) of the Planning Act.

The appeal was allowed in part to implement the settlement.

The applicants sought a Zoning By-law Amendment (ZBA) to permit the demolition and rebuilding of a cottage partially within a 100-year lakeshore erosion hazard.

The appellant, who owns nearby private roads and a mutual drain, appealed the Township's approval of the ZBA, arguing the development was premature due to unresolved issues with the deteriorating drain and private roads.

The appellant requested the ZBA be refused or approved subject to a holding symbol requiring the parties to address the infrastructure issues.

The Tribunal dismissed the appeal, finding the proposed development represents good planning, will not exacerbate existing drainage issues, and that a ZBA appeal is not the appropriate forum to resolve private or wider infrastructure disputes.