Appeal allowed; condition requiring removal of portion of chain link fence in heritage district struck down.
The appellant erected a chain link fence on their property within a heritage conservation district without a permit.
They subsequently applied for a heritage permit, which City Council approved subject to a condition requiring the removal of a portion of the fence adjacent to a neighbouring heritage property.
The appellant appealed this condition to the Ontario Land Tribunal.
The Tribunal allowed the appeal, finding that the condition was not justified by the heritage policies, which were silent on rear yard fencing, and that the appellant's right to erect a fence for safety and access concerns outweighed the City's public realm arguments.
OLTOntario Land TribunalMar 10, 2022
