Jason Ezer

The City of Markham brought a motion to adjourn a scheduled 12-day merit hearing regarding appeals for non-decisions on Official Plan and Zoning By-law amendments.

The City argued the hearing was premature pending the completion of the Yonge Corridor Secondary Plan.

The Applicant opposed the adjournment, arguing it would cause prejudicial delay and violate the Clergy Principle.

The Tribunal dismissed the motion, finding that the City had sufficient guidance to assess the applications, and that the prejudice of delay and the need for procedural fairness outweighed the City's concerns.

The appellant appealed the City's failure to adopt an official plan amendment to establish a secondary plan for a large master-planned community.

All parties except one landowner reached a settlement.

The opposing landowner argued the plan did not conform to the Greenbelt Plan due to proposed collector roads crossing the Greenbelt, and sought to have its lands excluded.

The Tribunal found that the approved Municipal Class Environmental Assessment (MCEA) established conformity with the Greenbelt Plan and that the Tribunal should rely on it.

The Tribunal also found no planning basis to exclude the opposing landowner's lands from the comprehensive secondary plan.

The appeal was allowed in part to approve the settlement plan in principle.