Michelle Dobbie

The appellants appealed the City of Richmond Hill's Parkland Dedication By-law 123-22 under subsection 42(4.9) of the Planning Act.

Following a hearing where expert evidence was received and all parties agreed to revisions, the Ontario Land Tribunal allowed the appeal in part and approved the revised By-law 123-22, which incorporates amendments from Bill 23 regarding parkland dedication rates and exemptions.

The applicant brought a Motion for Directions under s. 34(10.5) of the Planning Act, seeking a declaration that its zoning by-law amendment application was complete and that the City's requirements for additional studies were unreasonable.

The subject property contains a natural heritage system, including a creek and flood hazard.

The City and the Toronto and Region Conservation Authority required extensive studies to determine the developable area and assess natural hazards.

The Tribunal found that the City's requirements, as set out in its Official Plan, were reasonable and necessary given the site's conditions.

The motion was dismissed.