Official Plan Amendment approved on consent to permit a reduced right-of-way width.
The appellant appealed the Town of Whitby's adoption of Official Plan Amendment No. 123, seeking an exception to permit a reduced right-of-way width of 42 metres along Dundas Street East due to technical constraints.
The parties reached a settlement and jointly requested approval of a modified amendment including the requested special provision.
Relying on uncontested expert land use planning evidence, the Tribunal found the modified amendment had appropriate regard for matters of provincial interest, was consistent with the Provincial Policy Statement, conformed to the Growth Plan and the Region of Durham Official Plan, and represented good planning.
The appeal was allowed and the amendment was approved as modified.
OLTOntario Land TribunalAug 28, 2023
