Zoning by-law amendment to increase residential units approved; Clergy Principle inapplicable to shield municipality.
The appellant appealed the City's failure to make a decision on a zoning by-law amendment application to increase the permitted number of residential units on the subject lands from 93 to 327.
The City argued the application should be evaluated under the older, more restrictive Official Plan in effect when the application was filed, relying on the Clergy Principle, and requested a Holding provision for municipal servicing.
The Tribunal found the Clergy Principle inapplicable as the City's new Official Plan and Zoning By-law supported the proposed built-form.
The Tribunal allowed the appeal and approved the amendment without a Holding provision, finding that servicing could be adequately addressed through the Site Plan Control process.
OLTOntario Land TribunalMar 19, 2026
