Heather James

The Canadian National Railway Company appealed the Town of Aylmer's approval of a Zoning By-law Amendment that permitted a residential subdivision near a railway line, citing concerns about safety, noise, and vibration.

Prior to the hearing, the parties reached a settlement and proposed a revised Zoning By-law Amendment that included a 15-metre rear yard depth to address the railway's concerns.

Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment consistent with provincial and local planning policies and allowed the appeal in part to implement the settlement.

The applicants appealed the Township's refusal of a Zoning By-law Amendment that would permit the parking and maintenance of two commercial motor vehicles on their residential property as a home occupation.

The Tribunal allowed the appeal in part, finding that the proposed use was compatible with the surrounding area, which included a major arterial road with significant truck traffic.

The Tribunal accepted the applicants' planning evidence that the use maintained the residential character of the area and that any noise, odour, or safety impacts would be minimal and could be mitigated.