Gary Scandlan

The appellants appealed the City of Richmond Hill's Community Benefits Charge By-law No. 99-22, raising concerns about the definitions of 'Value of Land' and 'Development' and the application of the charge to existing buildings and phased developments.

Following the enactment of Bill 23, which amended section 37 of the Planning Act, the parties reached a settlement and modified the By-law to conform with the new legislation.

The Tribunal accepted uncontroverted expert evidence in land economics and land use planning, finding that the modified By-law complies with the Planning Act, is consistent with provincial policies, and represents good planning.

The appeals were allowed in part to amend the By-law accordingly.

The Building Industry and Land Development Association appealed the Region of Peel's Development Charges By-law 77-2020.

The parties reached a settlement proposing amendments to the schedules and the addition of a section regarding credits for infrastructure delivery.

Based on uncontroverted expert evidence, the Tribunal found the proposed amendments to be in accordance with the Development Charges Act and approved the settlement, allowing the appeal in part.

The Niagara Home Builders' Association appealed the City of Thorold's Development Charges By-law No. 46-2019, challenging the inclusion of four road projects (portions of Barker Parkway and Upper's Lane, and related intersection improvements).

The appellant argued these were 'local services' and thus ineligible for development charges funding.

The Tribunal found that the City's Local Service Policy takes precedence in determining DC eligibility.

Based on their function, Barker Parkway and Upper's Lane were classified as Arterial Roads serving a broader community function, not just the specific subdivision.

Consequently, the Tribunal ruled that the road projects and intersection improvements were properly included as DC eligible growth-related services.

The appeal was dismissed.