Development charges appeal dismissed; dens qualify as bedrooms under by-laws despite Building Code habitability rules.
The appellant developer appealed the calculation of development charges by the Town of Oakville and the Region of Halton, arguing that 21 'one-bedroom plus den' units were incorrectly classified as two-bedroom units.
The appellant contended that the dens did not meet the Ontario Building Code's requirements for a habitable bedroom.
The Ontario Land Tribunal dismissed the appeal, finding that the Development Charges By-laws explicitly include dens in their definition of a bedroom for the purpose of calculating growth-related costs, and that the Ontario Building Code's habitability standards do not override the clear language of the by-laws.
OLTOntario Land TribunalApr 6, 2023
