Consent appeals dismissed as proposed severances would create isolated lots lacking secure access and servicing.
The appellants appealed the Committee of Adjustment's refusal of consent applications to sever the rear portions of two deep lots to create two new lots fronting onto a private laneway.
The proposed lots would require access and servicing through a municipal 0.3-metre reserve, which the City opposed.
The Tribunal found that the proposed severances would create isolated lots that do not respect the existing lotting pattern, contrary to the Official Plan's neighbourhood character policies.
Given the cumulative uncertainties regarding servicing, access, and the lack of jurisdiction to compel the lifting of the municipal reserve, the Tribunal concluded the lands were not suitable for subdivision under s. 51(24) of the Planning Act.
The appeals were dismissed.
OLTOntario Land TribunalSep 9, 2021