Tribunal approves subdivision and zoning amendment, finding conditions requiring conveyance of third-party lands unreasonable.
The applicant appealed the Township's failure to make a decision on applications for a Zoning By-law Amendment and a revised Draft Plan of Subdivision to permit a 73-unit residential development.
The core dispute was whether the Township could impose conditions requiring the applicant to convey third-party-owned lands containing existing stormwater management facilities to the municipality.
The Tribunal found that the proposed development was consistent with provincial and municipal planning policies.
However, the Tribunal held that the Township's conditions requiring the conveyance of lands the applicant did not own were unreasonable under s. 51(25) of the Planning Act.
Instead, the Tribunal approved alternative conditions, including a requirement for an Agency Agreement to provide the Township with access and maintenance rights over the stormwater facilities.
The appeal was allowed in part, and the planning instruments were approved subject to the revised conditions.
OLTOntario Land TribunalMay 12, 2022
