James Dyment

The applicant appealed the Town's failure to make a decision on a Zoning By-law Amendment application to permit a residential plan of subdivision with a maximum of 655 dwelling units.

The Town argued that the amendment should include provisions for affordable housing by limiting the size of certain units.

The Tribunal found that the Town's Official Plan did not yet contain the requisite policies to compel the provision of affordable housing on a site-specific basis.

The Tribunal allowed the appeal, approving the zoning by-law amendment and modifying the conditions of draft plan approval to reflect the increased density, finding it represented good land use planning and would not negatively impact adjacent wetlands.

The appellant appealed the failure of the approval authority to make a decision on a draft Plan of Subdivision and related planning instruments to permit a 32-lot seasonal residential development on Langmaid's Island.

Following a Phase 1 hearing that established the principle of development, the parties reached a settlement on the draft Plan of Subdivision and Conditions.

Based on uncontested expert planning evidence, the Tribunal found the proposed subdivision and conditions have regard to provincial interests, are consistent with the Provincial Policy Statement, and conform to the applicable Official Plans.

The Tribunal approved the draft Plan of Subdivision subject to conditions.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for a single dwelling and accessory building on a vacant lot.

Prior to the hearing, the parties reached a settlement to amend the conditions of approval, including a requirement to plant native-species conifers and the addition of a more detailed site plan.

The Ontario Land Tribunal accepted the expert planning evidence that the agreed-upon amendments represented good planning.

The Tribunal allowed the appeal in part, confirming the decision to issue the development permit subject to the revised conditions.