Zoning amendment for island cottage dock denied due to potential negative impacts on critical fish habitat.
The appellant appealed the Township's refusal of a zoning by-law amendment application to remove a holding provision and permit an access dock in a Type 1 Fish Habitat zone to facilitate cottage development on a water-access island property.
The Tribunal dismissed the appeal, finding that the appellant failed to demonstrate that the proposed dock and associated boating activity would have no negative impact on the highly sensitive aquatic vegetation and potential species at risk habitat.
The Tribunal rejected the appellant's argument that detailed environmental impact studies could be deferred to the site plan approval stage, holding that such studies are required at the zoning stage to establish the feasibility of the development.
OLTOntario Land TribunalJun 29, 2022
