Gordon Russell

The appellant appealed the Town's refusal of a zoning by-law amendment application to permit the development of single detached dwellings on a vacant block within an existing subdivision.

During the hearing, the parties reached a settlement and presented a revised draft zoning by-law amendment that included a holding provision regarding water and sewer availability.

The Tribunal found that the proposed amendment was consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and represented good planning by facilitating gentle intensification within a settlement area.

The appeal was allowed in part to implement the revised zoning by-law amendment.

The applicant appealed the Town's Committee of Adjustment refusal of applications to sever two new residential lots from the subject property.

The Ontario Land Tribunal allowed the appeal, relying on the uncontroverted expert planning evidence that the proposed lot creation is consistent with the Provincial Policy Statement, conforms to the applicable Official Plans, and represents appropriate infill development on full municipal services.

Provisional consents were granted subject to conditions.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit to demolish a chalet and construct a new dwelling.

Prior to the hearing, the parties reached a settlement that modified the building materials, landscaping, and grading to reduce visual impacts.

The Hearing Officers reviewed the revised conditions of approval, found them to be in accordance with the Niagara Escarpment Plan, and confirmed the Commission's decision as modified by the settlement.