Appeal of zoning and official plan amendments dismissed without a hearing for lacking genuine planning grounds.
The Applicant brought a motion to dismiss the Appellant's appeal of a Zoning By-law Amendment and Official Plan Amendment without a hearing.
The Appellant argued that the Town failed to hold a public hearing on a materially different revised application and raised traffic concerns regarding the use of a local road.
The Tribunal found it lacked jurisdiction to review the Town's decision on further public notice under s. 34(17) of the Planning Act.
Relying on uncontested expert planning evidence, the Tribunal concluded the appeal raised no genuine, legitimate, or authentic planning grounds and had no reasonable prospect of success.
The motion was granted and the appeal dismissed.
OLTOntario Land TribunalAug 6, 2024
