Jennifer Vida

The appellant appealed the Town's refusal of zoning by-law amendment and consent applications to sever a residential lot containing a heritage dwelling.

The parties reached a settlement to create two lots with site-specific zoning provisions, addressing heritage conservation and tree protection.

The Tribunal accepted the uncontested expert planning and heritage evidence, finding the settlement consistent with provincial policies and representing good land use planning.

The appeals were allowed in part to implement the settlement.

The appellant appealed the Town's approval of a Zoning By-law Amendment that permitted the severance of an existing lot to create a new residential lot.

The appellant raised concerns regarding lot coverage, setbacks, privacy, and shadowing.

The Tribunal preferred the expert land use planning evidence provided by the Town and the applicant, which demonstrated that the amendment was consistent with the Provincial Policy Statement, conformed to the Growth Plan and local official plans, and represented good land use planning.

The appeal was dismissed.