Matt Day

The appellants appealed the Town of Oakville's new Parkland Dedication By-law under section 42(4.9) of the Planning Act.

Following a settlement between one appellant and the Town, the parties sought approval of minor amendments to clarify the by-law's language regarding the timing of land value assessments and the definition of development, aligning it with sections 41 and 42(6.4) of the Act.

The Tribunal approved the amendments on consent, resolving that appellant's appeal, while the appeals of the other parties remain ongoing.

The appellant developer appealed the calculation of development charges by the Town of Oakville and the Region of Halton, arguing that 21 'one-bedroom plus den' units were incorrectly classified as two-bedroom units.

The appellant contended that the dens did not meet the Ontario Building Code's requirements for a habitable bedroom.

The Ontario Land Tribunal dismissed the appeal, finding that the Development Charges By-laws explicitly include dens in their definition of a bedroom for the purpose of calculating growth-related costs, and that the Ontario Building Code's habitability standards do not override the clear language of the by-laws.