John S. Jackson

The applicant appealed the Township's failure to make a decision on a consent application to create a new residential water access lot on an island property.

Several neighbours brought a motion for party status, which the Tribunal dismissed, granting them participant status instead.

The Tribunal accepted the uncontested expert planning evidence that the proposed consent, subject to conditions implementing an Environmental Impact Study and zoning requirements, was consistent with the Provincial Policy Statement, conformed to the Official Plan, and represented good planning.

The appeal was allowed and provisional consent was granted.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The application sought to rezone a portion of the subject property from 'M2 – Industrial Pit' to 'M1 – Industrial' to permit a textile manufacturing, processing, and machining business.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendment, which included a holding provision to address natural heritage concerns, was consistent with the Provincial Policy Statement, conformed to the Growth Plan for Northern Ontario and the Official Plan, and represented good land use planning.

The appeal was allowed in part to amend the zoning by-law in accordance with the settlement.

The applicant appealed the Township's Committee of Adjustment decision denying a minor variance to increase the maximum gross floor area and lot coverage for a home office addition to an island cottage.

The Tribunal allowed the appeal, finding that the requested variances and expansion requests met the tests under sections 45(1) and 45(2) of the Planning Act.

The Tribunal preferred the applicant's planning evidence, concluding that the modest increases maintained the intent and purpose of the Official Plan and Zoning By-law, were minor in nature, and would have no adverse visual or environmental impacts.