3 total
Tribunal allows appeal and amends zoning by-law to permit smaller dwelling unit following settlement.
The appellants appealed the municipality's refusal of an application to amend the zoning by-law to permit a mobile home on rural lands.
Following a settlement between the parties, the Ontario Land Tribunal allowed the appeal based on uncontested planning evidence.
The Tribunal ordered a site-specific amendment to the zoning by-law to permit a minimum dwelling floor area of 40 square metres for the subject property.
Tribunal allows appeal and approves site-specific heavy industrial zoning by-law amendment based on settlement.
The appellant appealed the municipality's refusal of an application to amend the zoning by-law to permit Heavy Industrial zoning on the subject lands.
The parties reached a settlement proposing a site-specific zoning by-law amendment that excludes certain heavy industrial uses, such as abattoirs and asphalt plants.
Based on the uncontroverted expert planning evidence, the Tribunal found the settlement consistent with provincial and municipal planning policies and approved the zoning by-law amendment.
Consent granted for one rural severance after Tribunal finds Official Plan growth cap expired.
The appellant appealed the Lakehead Regional Planning Board's refusal of two consent applications to create two new parcels from a 55-hectare property.
The Board had refused the applications on the basis that the Official Plan's growth management strategy capped new severances at 200, a limit that had already been reached.
The Tribunal found that the growth management strategy had expired in 2017 and no longer applied.
The Tribunal allowed the appeal in part, granting provisional consent for the first severance as it complied with the Official Plan and Zoning By-law.
However, the Tribunal dismissed the appeal for the second severance because the Official Plan only permits one severance per parcel held as of June 1, 1997.
No co-appearing lawyers found.
No judges found.