Motion granted to bring comprehensive zoning by-law into force despite pending site-specific appeals.
The City of Thunder Bay brought a motion under section 34(31) of the Planning Act for an order allowing its new comprehensive zoning by-law to take effect while four site-specific appeals remained pending.
The City provided uncontradicted expert planning evidence that the by-law did not change the zoning provisions applicable to the appellants' properties.
The appellants did not respond to the motion or provide evidence of prejudice.
The Tribunal granted the motion, finding that allowing the unappealed portions of the by-law to come into force accorded with the purposes of the Planning Act and would not prejudice the appellants.
OLTOntario Land TribunalSep 26, 2022
