Dr. Beverley Wicks

The applicant appealed the Town of Huntsville's decision regarding a Community Planning Permit application to recognize existing non-complying structures and to permit the construction of a boat launch and access path.

The Town had provisionally approved the existing structures subject to conditions requiring the removal of a deck and obtaining building permits, but denied the boat launch proposal due to concerns about environmental impacts on a wetland and fish habitat.

The Ontario Land Tribunal allowed the appeal in part, granting final approval to recognize the existing structures without the Town's conditions, finding them unnecessary and inappropriate.

The Tribunal also granted provisional approval for the boat launch, subject to conditions including the completion of an Environmental Impact Study and obtaining necessary approvals from Fisheries and Oceans Canada and the Ministry of Natural Resources and Forestry.

The applicants appealed the Township's refusal of a Zoning By-law Amendment to permit an expansion to an existing cottage, a new boathouse, and a new dock on an undersized island property.

Prior to the hearing, the parties reached a settlement.

Based on the uncontested expert planning and ecological evidence, the Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the applicable Official Plans, and represents good planning.

The appeal was allowed in part and the Zoning By-law Amendment was approved in principle, subject to site plan approval.