Martin Burger

The applicant appealed the Town's refusal of a Zoning By-law Amendment and failure to make a decision on a Site Plan application to permit a permanent hot-mix asphalt plant and a future ready-mix concrete plant.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement and conforms to the County and Town Official Plans.

The Tribunal accepted expert evidence demonstrating that the plant is appropriately separated from sensitive land uses and that potential impacts related to noise, dust, odour, and traffic can be adequately mitigated.

The appeal was allowed, and the Zoning By-law Amendment and Site Plan were approved.

The appellant appealed the refusal of the Quinte Conservation Authority to grant permission for development to construct a dwelling and install a holding tank on a property surrounded by wetlands and Lake Ontario.

The Tribunal found that the proposed development did not comply with Ontario Regulation 319/09, as the appellant failed to demonstrate that there would be no negative impact on the control of flooding, erosion, pollution, or the conservation of lands.

The Tribunal also found that the proposed development was not consistent with the Provincial Policy Statement, 2020, and did not have regard for the Conservation Authority's Policy Manual.

The appeal was dismissed.

The appellant appealed a Committee of Adjustment decision granting a minor variance to reduce the minimum setback from a floodplain from 7.6 metres to 5.0 metres to permit the construction of a single-family dwelling.

The appellant argued the lot was too small, the proposed septic system under the driveway was inappropriate, and the development was inconsistent with the Official Plan and Provincial Policy Statement.

The Tribunal dismissed the appeal, preferring the evidence of the applicant's and City's planners that the variance met the four tests under the Planning Act, and finding that concerns regarding the septic system and drainage were matters to be addressed at the building permit stage.