Joshua Foster

The applicants sought consent to sever their property to create one new residential lot while retaining the existing dwelling.

The Committee of Adjustment considered the criteria under section 51(24) of the Planning Act and found the proposal consistent with the Provincial Policy Statement.

Despite the applicants' request to remove a condition requiring a noise attenuation study, the Committee retained the condition as it is required under the City's Official Plan.

The applications for consent were granted subject to several conditions, including the approval of concurrent minor variance applications.

The applicant appealed the City of Ottawa's refusal of a Zoning By-law Amendment to permit the development of two four-storey apartment buildings.

Prior to the hearing, the City resolved not to oppose the application.

Based on uncontested expert evidence in land use planning, transportation, and environmental noise, the Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Official Plan, and represents good planning.

The appeal was allowed and the Zoning By-law was amended accordingly.