The Applicant brought a motion to dismiss the Appellant's appeal of a Zoning By-law Amendment that permits an 81-unit townhouse development.
The Appellant, a self-represented neighbour, raised concerns regarding traffic, sight lines, on-street parking, and stormwater drainage along the adjacent street.
The Tribunal granted the Applicant Party status and quashed a summons issued by the Appellant for a transportation engineer, noting that viva voce evidence is generally inappropriate for a motion hearing.
Relying on uncontested expert affidavits from the Applicant and the City, the Tribunal found that the proposed development satisfies all requirements of the Planning Act, is consistent with the Provincial Policy Statement, and conforms with the Official Plan.
The Tribunal concluded that the appeal failed to disclose any genuine land use planning grounds and had no reasonable prospect of success.
The motion was granted and the appeal was dismissed.
