Development within natural heritage feature denied; draft plan conditions modified to exclude non-local service costs.
The Appellants sought approvals for a Zoning By-law Amendment and Draft Plans of Subdivision to facilitate a large residential development.
The central issue was whether a 14-unit portion of the development (Block 1 Stage 5), which required a private roadway through a Natural Heritage Feature and Area (NHFA), should be permitted.
The Tribunal denied the development of Block 1 Stage 5, finding that the roadway would negatively impact the NHFA's ecological functions and wildlife linkages, rendering it inconsistent with the Provincial Policy Statement.
The Tribunal also reviewed various conditions of Draft Plans approval, striking down conditions that unlawfully required the developer to fund non-local services or convey lands for purely environmental purposes without compensation.
The balance of the development was approved in principle, subject to resolving parkland dedication requirements.
OLTOntario Land TribunalJun 9, 2023
