Leah Barrie

The appellant appealed a condition of provisional consent requiring cash-in-lieu of parkland dedication equal to 5% of the appraised value of the retained parcel.

The appellant argued the condition exceeded the requirements of the Planning Act and proposed an alternative valuation based only on the 5% land area otherwise required to be conveyed.

The Tribunal found the municipality's condition was appropriate, reflected established practice for determining cash-in-lieu payments, and conformed to the Planning Act and municipal official plan.

The appeal was dismissed.

This decision addresses the enforcement of municipal bylaws concerning accessory structures and debris accumulation on private property within the City of Kawartha Lakes.

The Court confirms the validity of the Township of Emily Comprehensive Zoning Bylaw 1996-30 and the authority of the municipality under the Municipal Act, 2001 to enforce bylaws on private property.

The defendants were found to have exceeded the maximum permitted number of accessory structures and failed to comply with a Clean and Clear notice to remove debris by the specified deadline.

The Court rejected the defence of legal non-conforming use due to lack of evidence that the structures predated the bylaw.

The defendants’ claims of financial hardship and renovation activities did not excuse non-compliance.

The Court found the prosecution met its burden beyond a reasonable doubt and convicted the defendants.