David Sappleton

The applicant appealed the City of Oshawa's failure to make a decision on a proposed Zoning By-law Amendment and Draft Plan of Subdivision for a 165-unit single-detached residential development.

The central issue was whether a proposed park block could simultaneously satisfy the statutory parkland dedication requirement and serve as Significant Wildlife Habitat for migrating Monarch butterflies.

The Tribunal preferred the evidence of the applicant's experts, finding that the park block could appropriately integrate both active recreational uses and butterfly habitat.

The Tribunal approved the Zoning By-law Amendment without a Holding symbol and approved the Draft Plan of Subdivision subject to amended conditions, concluding the proposal was consistent with provincial policy and represented good planning.

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.