David Wharram

The appellant appealed the Town of Amherstburg's passing of a Zoning By-law Amendment that reduced the rear yard setback from 7.5 metres to 0 metres for a property in the Central Business Area.

The amendment was intended to facilitate the development of a five-storey mixed-use building, including a boutique hotel, retail space, and a restaurant.

The appellant raised concerns regarding prematurity, fire safety, traffic sightlines, parking, and loss of light and air flow to an adjacent residential building.

The Tribunal dismissed the appeal, finding that the proposed development represents appropriate intensification, is consistent with the Provincial Policy Statement, conforms to the County and Town Official Plans, and represents good planning in the public interest.