Tribunal issues final order for site plan and zoning amendment without requiring prior executed agreement.
The applicant brought a motion for directions regarding an interim order that approved a zoning by-law amendment and site plan in principle, following a settlement.
The applicant sought to modify the development to increase density after the Town removed density limits in its Official Plan.
The Town argued this was a breach of contract.
The Tribunal found it unnecessary to rule on jurisdiction, noting the applicant could pursue a minor variance.
The Tribunal also ruled that the interim order did not require the applicant to execute a site plan agreement before the final order was released, preferring the applicant's evidence on municipal practice.
The final order was issued.
OLTOntario Land TribunalApr 29, 2024
