Mathew Campbell

The City of Sarnia appealed a Zoning By-law Amendment that permitted a residential townhouse development on lands in the Village of Point Edward.

Following Tribunal-led mediation, the parties reached a settlement for a phased development utilizing holding provisions to address scale thresholds, servicing, and noise mitigation.

The Tribunal accepted uncontested expert planning evidence that the revised amendment is consistent with the Provincial Policy Statement and conforms to the applicable Official Plans.

The appeal was allowed in part to implement the settlement.

The appellant appealed the municipality's refusal to adopt an Official Plan Amendment and Zoning By-law Amendment to facilitate a high-density residential development.

The parties reached a settlement on a revised proposal for a 6-storey, 90-unit mixed-use apartment building and 28 townhouses.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal was consistent with the Provincial Planning Statement, conformed to the applicable Official Plans, and represented good land use planning by promoting residential intensification on an underutilized site with full municipal services.

The appeals were allowed in part to approve the revised instruments.

The applicant appealed the municipality's failure to adopt an official plan amendment and zoning by-law amendment to permit a 177-unit high-density residential development.

The threshold issue was whether the lands should be re-designated and re-zoned for residential uses given an existing oversupply of residential lands in the municipality.

The Tribunal found that the site-specific redesignation of the fully serviced, shovel-ready infill property was appropriate and an efficient use of under-utilized land, despite the oversupply.

The Tribunal ordered the appeal to move forward to a full hearing.

The applicant appealed the Township's refusal of a zoning by-law amendment to permit a reduced front yard depth for a proposed six-unit apartment building.

The parties reached a settlement to permit a 3-metre minimum front yard depth, increased from the originally requested 1 metre.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeal was allowed in part to implement the settlement.