Miriam Vasni

The applicant appealed the municipal Council's refusal of a Zoning By-law Amendment to rezone a property to permit its existing single detached dwelling to be used as a short-term accommodation.

The Tribunal allowed the appeal, finding that the proposed amendment was consistent with the Provincial Policy Statement, conformed to the applicable official plans, and represented good planning.

The Tribunal held that while it must have regard to the Council's decision, it is not bound to uphold it when independent, uncontested expert planning evidence demonstrates that the application satisfies all legislative tests and is in the public interest.

The appellants appealed the Town of The Blue Mountains' decision to zone a portion of their property as hazard lands.

Prior to the hearing, the parties reached a settlement and presented a revised Zoning By-law Amendment on consent.

Based on uncontroverted expert planning evidence, the Tribunal found the amendment consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeal was allowed in part to implement the settlement.