Jonathan Hack

The appellant appealed the Township's adoption of a Community Improvement Plan because his property was excluded from the Community Improvement Project Area.

The parties reached a settlement to modify the plan to include the subject property, which is designated for commercial use and has heritage significance.

The Tribunal accepted uncontroverted expert planning evidence that the modification is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good planning.

The appeal was allowed in part to approve the revised plan.

The City of Mississauga brought a motion to strike an issue raised by an appellant regarding the City's Parkland Conveyance By-law.

The appellant sought to amend the By-law to clarify that non-fee simple land, such as privately owned public spaces or encumbered parkland, would be accepted as parkland conveyance in certain circumstances.

The Tribunal found that it lacked jurisdiction to grant the requested relief, as doing so would effectively add an exemption to the By-law, which is prohibited under s. 42(4.16) of the Planning Act.

The Tribunal noted that while the Legislature has contemplated provisions for non-traditional conveyances, these are not yet in force.

The motion was granted and the issue was removed from the Issues List.