Minor variance appeal dismissed; proposed commercial development on private services did not constitute infilling.
The applicant appealed a Committee of Adjustment decision denying minor variances to permit a commercial development on private services, increased lot coverage, and outside storage.
The central issue was whether the proposal to use private servicing in an urban area constituted 'infilling' under the Provincial Policy Statement.
The Tribunal preferred the municipality's expert evidence, finding that the proposal was not infilling or minor rounding out, and that it failed to maintain the general intent and purpose of the County Official Plan and the Zoning By-law, which explicitly required municipal services.
The appeal was dismissed.
OLTOntario Land TribunalSep 15, 2022