Appeals for new residential lots dismissed due to location within prohibited airport noise exposure contour.
The applicant appealed the City of Hamilton's refusal of an Official Plan Amendment, Zoning By-Law Amendment, and consent applications to create two new residential lots.
The applicant proposed to consolidate two existing rural residential lots with an adjacent agricultural operation and create two new lots elsewhere on the property.
The Tribunal dismissed the appeals, finding that the proposed new lots were located within an Airport Influence Area with a Noise Exposure Forecast (NEF) contour above 35.
The Provincial Policy Statement and the Rural Hamilton Official Plan strictly prohibit new residential development in areas with an NEF contour above 30 and 35, respectively, to protect the long-term operations of the airport.
OLTOntario Land TribunalOct 17, 2022
