Appeal against development charges dismissed; new stand-alone buildings connected by underground conduit do not constitute an enlargement.
The appellant appealed a decision by the Town of Arnprior dismissing a complaint regarding the calculation of development charges for a proposed self-storage facility.
The appellant argued the development was exempt as an enlargement of an existing industrial building under the Development Charges Act and the Town's by-law, because the new buildings were connected to the existing building by an underground servicing conduit.
The Tribunal found that while the existing building was an industrial or commercial building, the new stand-alone buildings did not constitute an enlargement of its gross floor area, as the underground conduit did not count towards gross floor area under the statutory definitions.
The appeal was dismissed and development charges of $207,832.07 were found payable.
OLTOntario Land TribunalSep 24, 2024
