Christopher Ellingwood

The applicant appealed the Township's refusal of a Zoning By-law Amendment application to permit the construction of a recreational dwelling on a vacant waterfront lot.

The parties reached a settlement and presented a revised amendment that included a site-specific Shoreline Residential zone, a refined Environmental Constraint zone, and comprehensive environmental mitigation measures.

The Tribunal accepted the uncontested expert planning and environmental evidence, finding that the proposed amendment is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable Official Plans, and represents good planning.

The appeal was allowed in part to implement the settlement.

The applicant appealed the City's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The Phase 1 hearing focused on whether the proposed development was premature due to the presence of Significant Wildlife Habitat for Monarch butterflies on the subject lands.

The Tribunal found that the applications were not premature, accepting the applicant's evidence that proposed mitigation measures, including species-specific vegetation and a phased construction plan, would ensure no negative impacts on the migratory stopover habitat.

The Tribunal directed the matter to proceed to a Phase 2 hearing.