Juliane von Westerholt

The applicants appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 13-storey apartment building.

The parties reached a settlement and presented revised instruments to the Tribunal.

Based on uncontested planning evidence, the Tribunal found the proposed settlement consistent with provincial policies, in conformity with regional and local official plans, and representative of good planning for transit-oriented development.

The appeals were allowed and the revised instruments were approved.

The applicants appealed the City of Thorold's refusal of a minor variance application to reduce the minimum rear yard setback from 7.5 metres to 3.1 metres for a retained parcel following a consent to sever.

The Tribunal heard uncontested expert planning evidence that the variance recognized an existing dwelling location and met the four tests under s. 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variance, finding it represented good land use planning and was consistent with provincial and local policies.

The appellants appealed the City of Thorold Committee of Adjustment's refusal of a consent application and two minor variance applications.

The applications sought to sever a residential property into two lots and construct a new two-storey detached dwelling, requiring relief from minimum lot area and frontage requirements.

The City did not appear at the hearing.

The Tribunal heard expert planning evidence from the planners who originally reviewed the applications for the City, who testified that the variances met the four-part test under the Planning Act and the consent met the statutory criteria.

The Tribunal accepted the uncontested expert evidence, allowed the appeals, authorized the variances, and granted provisional consent subject to conditions.