Mark Yarranton

The Tribunal held a settlement hearing regarding three related appeals concerning commercial and residential developments in the City of Owen Sound.

The appeals involved two zoning by-law amendments to permit mixed-use and commercial buildings, including a grocery store, and a consent application for an access easement.

Based on uncontested expert land use planning evidence, the Tribunal found the settlement proposals consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeals were allowed in part to implement the settlement agreements.

The Ontario Land Tribunal conducted a case management conference to address multiple appeals of the City of Vaughan's Comprehensive Zoning By-law 001-2021 and Transitional By-law 039-2022.

The Tribunal heard and approved several settlement motions on consent, which corrected mapping errors and recognized site-specific exceptions for various properties.

Based on uncontested expert planning evidence, the Tribunal found the amendments consistent with provincial policies and good planning.

The Tribunal also issued an order under section 34(31) of the Planning Act deeming the un-appealed portions of the Comprehensive Zoning By-law to be in force.

The applicant appealed the Town of Caledon's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development consisting of detached dwellings and townhouses.

The parties reached a settlement and presented revised applications.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to applicable provincial and municipal plans, and represents good land use planning.

The appeal was allowed in part to approve the revised instruments and draft plan of subdivision subject to conditions.

The applicant appealed the Town of Collingwood's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 100-unit residential development.

Prior to the hearing, the applicant reached settlements with the Town, the County of Simcoe, and the Nottawasaga Valley Conservation Authority.

Based on the uncontested expert planning evidence, the Tribunal found the proposed development consistent with provincial policies and local official plans.

The appeals were allowed, the Zoning By-law Amendment was approved, and the Draft Plan of Subdivision was approved subject to conditions.

The appellant appealed the Town of Aurora's comprehensive Zoning By-law No. 6365-21, which inadvertently removed site-specific landscaping exceptions for the appellant's property.

The parties reached a settlement to add a 'notwithstanding' clause to the by-law, preserving the appellant's existing landscaping requirements.

Based on uncontested expert planning evidence, the Tribunal found the settlement represented good planning, allowed the appeal, and amended the by-law accordingly.

The applicant appealed the City of Markham's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit a townhouse development.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed instruments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and represented good planning.

The Tribunal approved the settlement, allowing the appeals in part.