Dr. Christopher Aspila

The applicant appealed the proposed Official Plan Amendment 24, which sought to incorporate new Secondary Plan policies and land use schedules for the Howard Industrial Park District into the Town of Amherstburg's Official Plan.

The parties reached a full settlement agreement.

Based on the uncontested planning evidence, the Tribunal found the amendment consistent with the Provincial Planning Statement and applicable official plans.

The appeal was allowed in part and the Official Plan Amendment was approved on consent.

The applicant requested final approval of an amended Plan of Subdivision and modified Draft Plan Conditions following a prior Tribunal decision.

The modifications were sought to implement changes resulting from Ministry of Environment, Conservation and Parks permit requirements and technical reviews, improving stormwater management and heritage protection.

Based on uncontested planning evidence, the Tribunal found the changes to be minor, consistent with Provincial Policy, and representative of good planning.

The Tribunal approved the modified Draft Plan and Conditions.

The appellant appealed a Committee of Adjustment decision granting a minor variance to reduce the interior side yard setback for an accessory structure (a pool house addition).

The applicant had constructed the addition based on an outdated survey, and a new survey revealed the setback non-compliance.

The Tribunal accepted the unrefuted expert land use planning evidence that the variance met the four tests under section 45(1) of the Planning Act.

The appeal was dismissed and the variance was authorized subject to the original conditions.