Michael Michaud

The appellant appealed the County of Prince Edward's by-law adopting the Wellington Heritage Conservation District Plan.

Following Tribunal-led mediation, the parties reached a settlement modifying site-specific policies and guidelines to better differentiate between newer and older commercial areas.

Based on uncontested expert heritage and planning evidence, the Tribunal found the modifications satisfied the Ontario Heritage Act, the Planning Act, and the Provincial Policy Statement.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The applicant appealed the County's failure to make a decision on its application for a Draft Plan of Subdivision for a 432-unit residential community.

The issues centered on the adequacy of proposed external servicing improvements, the safety and efficiency of the proposed road network (specifically an S-curve), and the proposed parkland dedication.

The Tribunal found that the applicant's proposed servicing improvements were adequate and did not require a complete replacement of external infrastructure.

The Tribunal also preferred the applicant's transportation evidence, finding the road network safe and efficient.

Finally, the Tribunal held that the parkland dedication had already been settled in a previous agreement.

The appeal was allowed, with final approval withheld pending draft conditions.