Mara Burton

At a case management conference concerning an appeal of a zoning by-law regulating cannabis operations, the parties agreed to scope the appeal to apply only to the appellant's property.

Based on uncontested expert planning evidence, the Tribunal approved the by-law for all lands within the by-law area except for the appellant's property, on a without prejudice basis.

A procedural order was issued and a six-day hearing on the merits was scheduled.

The appellants appealed the Township of Clearview's Comprehensive Zoning By-law No. 06-54.

Following a settlement, the parties proposed a Zoning By-law Amendment to zone the subject properties, which were historically used for aggregate extraction, to the Extractive Industrial Zone.

The Tribunal accepted uncontroverted expert planning evidence that the amendment is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable official plans, and represents good planning.

The appeals were allowed in part to implement the amendment.