Dr. Carolyn Eyles

The appellant appealed the municipality's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a residential development.

The sole remaining issue was whether the development would negatively impact the Garden Hill Earth Science Area of Natural and Scientific Interest (ANSI).

Prior to the re-hearing, the Ministry of Natural Resources adjusted the ANSI boundary, removing the subject property.

The Tribunal accepted uncontroverted expert evidence that the development would have no negative impacts, was consistent with the Provincial Policy Statement, and conformed to the applicable official plans.

The appeals were allowed in part.

The appellant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit a residential development.

The subject lands contained a portion of a Provincially Significant Area of Natural or Scientific Interest (ANSI).

The municipality brought a motion arguing the Tribunal lacked jurisdiction to determine the features of the ANSI, which was dismissed.

On the merits, the Tribunal found the appellant failed to demonstrate that the proposed development would have no negative impact on the natural features or ecological functions of the ANSI, as the appellant's expert evidence focused exclusively on the subject lands rather than the ANSI as a whole.

The appeals were dismissed.