Tribunal deletes site plan conditions requiring free land dedication for a new road extension.
The Appellant appealed the Town of Oakville's failure to make a decision on a site plan application for a light industrial development.
The parties settled most issues, but disputed whether the Regional Municipality of Halton could require the Appellant to dedicate land at no cost for a future road extension as a condition of site plan approval under s. 41(8) of the Planning Act.
The Tribunal found that the proposed road extension constituted a new road rather than a 'widening' under s. 41(8), and that requiring the land dedication without compensation would be unfair and akin to expropriation.
The Tribunal also found the Region lacked authority to regulate access points on the Appellant's private driveway before acquiring the land.
The appeal was allowed and the disputed conditions were deleted.
OLTOntario Land TribunalNov 5, 2021
