Draft plan of subdivision extended; applicant demonstrated best efforts and plan conforms with current policies.
The applicants brought a motion seeking an extension of the lapsing date for a Draft Plan of Subdivision approved in 2010.
The Town opposed the extension, arguing the applicants had not used best efforts to clear conditions and that the plan should lapse to allow for greater intensification under current planning policies.
The Tribunal found that the applicants had demonstrated best efforts to clear conditions, noting that delays in servicing were partly attributable to the Town.
The Tribunal also found that the applicants would suffer prejudice if forced to restart the planning process, and that the Draft Plan continues to represent good planning and conforms with current provincial and municipal policies.
The motion was granted and the Draft Plan was extended to October 15, 2026.
OLTOntario Land TribunalJun 28, 2024