Dayna Edwards

The appellants appealed the municipality's failure to make a decision on a Zoning By-law Amendment application to permit a new single detached dwelling within 500 metres of a former waste disposal site.

The municipality did not call evidence at the hearing.

Based on uncontroverted expert planning and hydrogeological evidence, the Tribunal found no risk of contamination to the subject property.

The Tribunal allowed the appeal, finding the proposed amendment consistent with the Provincial Planning Statement and in conformity with the applicable official plans.