Kelly Weste

The Ontario Land Tribunal issued a procedural order to govern the conduct of an Official Plan Amendment appeal brought by the applicant against the respondent municipality.

The order phases the hearing, with the Official Plan Amendment appeal to be heard first over a scheduled three-day period, followed by the Zoning By-law Amendment appeal.

The order sets out the issues list, order of evidence, and filing deadlines for expert reports and witness statements.

The appellants appealed the City's Committee of Adjustment decision refusing their applications for consent to sever a rural lot and for minor variances to reduce Minimum Distance Separation (MDS) setbacks from nearby livestock barns.

The Tribunal heard uncontroverted expert planning evidence that the proposed severance and reduced setbacks were consistent with the Provincial Policy Statement, conformed to the Official Plan, and met the four-part test for minor variances.

The Tribunal allowed the appeals, granting provisional consent subject to conditions and authorizing the requested variances.