Jeff Kenny

The applicant appealed the municipality's refusal of consent and minor variance applications to create three new residential lots.

Prior to the hearing, the parties reached a comprehensive settlement.

The Tribunal accepted uncontradicted expert planning evidence that the proposal, subject to agreed-upon conditions including private servicing requirements, satisfied the four tests for a minor variance and had regard for provincial interests.

The appeals were allowed in part, approving the variances and granting provisional consent.

The appellant appealed the City of Hamilton's failure to make a decision on a site plan application for a proposed place of worship.

Following a previous Tribunal decision approving the site plan subject to conditions, the parties reached a settlement on minor amendments to the approved site plan and conditions.

Based on the uncontradicted affidavit evidence of a land use planner, the Tribunal found the revised site plan and conditions consistent with the Provincial Planning Statement and in conformity with the applicable official plan and zoning by-law.

The Tribunal approved the revised site plan subject to the fulfillment of conditions.

The appellant appealed the City of Hamilton's failure to make a decision on a site plan application for a proposed 571-seat church.

The parties reached a settlement that included a unique partial servicing arrangement to address the City's concerns regarding private water and wastewater systems.

Based on uncontested expert planning evidence, the Tribunal found the proposed development and conditions of site plan approval represented good land use planning.

The appeal was allowed in part and the site plan was approved subject to conditions.