David Argue

The applicant appealed the Town's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, draft plan of subdivision, and heritage permits to facilitate a residential subdivision on the former Rand Estate.

The Tribunal approved the OPA to correct the urban boundary but found the proposed subdivision design unacceptable due to inadequate vehicular access safety, insufficient protection of cultural heritage landscapes and attributes, and unacceptable impacts to mature trees and a wetland.

The Tribunal issued an interim order granting some heritage permits in principle while directing the applicant to substantially redesign the subdivision to conserve key heritage features in situ, retain the wetland, and secure safe access, potentially through a shared access with adjacent lands.

The applicant appealed the Town of Mono's refusal to enact an Official Plan Amendment and Zoning By-law Amendment to permit a Class "A" Category 3 aggregate extraction pit.

The applicant also sought a licence under the Aggregate Resources Act, which was referred to the Tribunal.

The Tribunal heard extensive expert evidence on geology, hydrogeology, natural heritage, noise, traffic, dust, agriculture, visual impacts, and land use planning.

The Tribunal preferred the evidence of the applicant's experts, finding that the proposed pit would not cause unacceptable adverse impacts and that appropriate mitigation measures were established.

The Tribunal found the applications consistent with the Provincial Policy Statement 2020 and in conformity with the applicable Official Plans.

The appeals were allowed in part, approving the amendments and directing the issuance of the licence subject to the execution of a development agreement and finalization of site plans.