Dr. Bahar SM

The appellant appealed the Central Lake Ontario Conservation Authority's refusal to issue a permit for the reconstruction and enlargement of an existing dwelling on a property located on a barrier beach.

The Tribunal found that the property is located within a riverine floodplain and meets the definition of hazardous land under O. Reg. 41/24.

The Tribunal accepted expert evidence that the proposed development would increase the size of the building, thereby increasing the potential occupancy and the risk to health and safety during a regulatory flood event.

Furthermore, the Tribunal found that the property lacks safe access for vehicles and people during times of flooding, rendering the proposal inconsistent with the Provincial Policy Statement 2020 and the Conservation Authority's policies.

The appeal was dismissed and the refusal of the permit was upheld.

The applicants appealed the Town of Innisfil's refusal of a zoning by-law amendment to permit an in-water boathouse on their property.

Prior to the hearing, the applicants and the Town reached a settlement on a modified proposal, which was opposed by neighbouring property owners.

The Tribunal preferred the evidence of the applicants' land use planning and coastal engineering experts, finding that the modified proposal conformed with the Town's Official Plan, the Lake Simcoe Protection Plan, and provincial policies.

The Tribunal allowed the appeal in part, amending the zoning by-law in accordance with the settlement.