Appeal of zoning by-law amendment dismissed without a hearing for lacking valid land use planning grounds.
The City of Ottawa brought a motion to dismiss an appeal against a zoning by-law amendment without a hearing.
The amendment rezoned a severed lot to prohibit residential uses and permit a municipal transformer station.
The appellant opposed the station on health, safety, and environmental grounds.
The Tribunal found that the transformer station was already a permitted use under the previous zoning, and the amendment merely restricted other uses.
Concluding that the appeal lacked genuine land use planning grounds and had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeal.
OLTOntario Land TribunalApr 4, 2024