Marc De Nardis

The appellant appealed the City of Brampton's failure to make a decision on Zoning By-law Amendment and Draft Plan of Subdivision applications for a 35-unit single-detached residential development.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and local official plans, and representative of good land use planning.

The appeal was allowed and the planning instruments were approved subject to conditions.

Appeals and cross-appeals were brought regarding the property assessments of a special purpose food processing facility (slaughterhouse and poultry processing plant) for the 2017 to 2023 taxation years.

The Board determined the current value of the properties using the Cost Approach.

The Board established a land rate of $401,101.61 per acre for non-farmed land, relying on comparable sales of partially serviced industrial lands.

For improvements, the Board preferred the appellant's expert evidence, finding a reproduction cost new of $32,875,599 with a 14% functional obsolescence rate due to the piecemeal construction of the facility.

The Board declined to apply an equitable adjustment, finding insufficient evidence that the assessment was inequitable compared to similar lands in the vicinity.