Matthew Campbell

The applicant appealed the failure of the Municipality of Middlesex Centre and the County of Middlesex to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, Site Plan, and Draft Plan of Condominium to permit a 45-unit residential development.

The parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal was consistent with the Provincial Policy Statement, conformed to the applicable official plans, and had appropriate regard for matters of provincial interest.

The Tribunal allowed the appeals in part and approved the planning instruments subject to agreed conditions.

The appellant appealed a Committee of Adjustment decision granting minor variances to permit the construction of an addition to an existing duplex to create a fourplex.

Prior to the hearing, the parties reached a settlement modifying one of the parking area setback variances.

Relying on uncontested expert planning evidence, the Tribunal found the modified variances met the four-part test under s. 45(1) of the Planning Act and authorized them.

The applicant and the county brought a motion to dismiss an appeal of a provisional consent to sever land for a townhouse development.

The appellant, a neighbouring resident, argued that the site included an improperly conveyed public road allowance and raised concerns about development in a floodplain.

The Tribunal granted the motion to dismiss the appeal, finding that disputes over registered land ownership are outside its jurisdiction and must be resolved in the courts.

Furthermore, the Tribunal held that floodplain and environmental issues, while legitimate planning concerns, are appropriately addressed through the related Zoning By-law Amendment process rather than the consent to sever, which deals only with land ownership and boundaries.