Mohammed Alam

The appellants appealed the County's approval of a zoning by-law amendment that permitted an accessory residential use on the second floor of an existing commercial marina building located on hazard lands.

The appellants argued the approval was premature and unsafe due to flooding risks.

The Tribunal dismissed the appeals, accepting the uncontradicted expert planning evidence that the amendment, which included a holding provision requiring safe access to be approved by the conservation authority, represented a reasonable compromise consistent with the Provincial Policy Statement and the Official Plan.