John Austin

The applicant brought a motion for directions regarding an interim order that approved a zoning by-law amendment and site plan in principle, following a settlement.

The applicant sought to modify the development to increase density after the Town removed density limits in its Official Plan.

The Town argued this was a breach of contract.

The Tribunal found it unnecessary to rule on jurisdiction, noting the applicant could pursue a minor variance.

The Tribunal also ruled that the interim order did not require the applicant to execute a site plan agreement before the final order was released, preferring the applicant's evidence on municipal practice.

The final order was issued.

The applicant appealed the Town of Whitby's refusal of a Zoning By-law Amendment and Site Plan application for an 8-storey mixed-use building.

Through Tribunal-led mediation, the parties reached a settlement for a reduced 3-6 storey building with increased setbacks and stepbacks.

Relying on the uncontroverted affidavit evidence of both parties' land use planners, the Tribunal found the settlement proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan and local official plans, and represented good land use planning.

The Tribunal allowed the appeals in part and approved the draft instruments in principle, withholding its final order pending finalization of the documents.