Motions to dismiss zoning appeal denied; notice of appeal raised authentic land use planning issues.
The Municipality of Northern Bruce Peninsula and Bruce Anchor Cruises brought motions to dismiss an appeal by The Big Tub Harbour Citizens Committee against a Zoning By-law Amendment that permitted commercial tour boat operations in a commercial zone.
The moving parties argued the notice of appeal failed to adequately explain how the by-law was inconsistent with provincial policies or official plans under s. 34(19.0.1) of the Planning Act.
The Tribunal dismissed the motions, finding the notice of appeal and accompanying materials raised authentic land use planning issues worthy of adjudication, including traffic, parking, and land use compatibility.
A motion to alter the issues list was also denied.
OLTOntario Land TribunalJul 30, 2024
