Craig Larmour

The appellant appealed the Region's decision to impose a commercial development charge for a property to be leased to Goodwill Industries.

The appellant argued that Goodwill's operations, which include processing and recycling textiles, should be classified as an 'Industrial Use' under the Development Charge By-law.

The Tribunal found that the by-law's definition of 'Industrial Use' clearly requires the use to be connected with manufacturing.

Since no manufacturing was occurring on the property, the Tribunal concluded that the commercial rate was correctly applied and dismissed the appeal.

The applicant appealed the non-decision of the City of Thorold's Committee of Adjustment regarding a minor variance application to facilitate a 6-storey, 40-unit apartment building.

The City argued that a rezoning application was required and that a heritage impact assessment had to be completed before the variances could be considered.

The Tribunal rejected the City's arguments, finding that the property was already appropriately zoned for apartment dwellings and that the heritage impact assessment could be addressed at the Site Plan Approval stage.

Relying on the planning evidence of the applicant's planner and the former City staff planner, the Tribunal found that the four requested variances met the tests under section 45(1) of the Planning Act and authorized them.