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Appeal of zoning by-law amendment dismissed without a hearing for improper service and lacking planning grounds.
The City of Ottawa and Shepherds of Good Hope brought motions to dismiss an appeal of a zoning by-law amendment that permitted an eight-storey supportive housing development.
The Tribunal allowed the City's motion, finding the appellant failed to properly serve the notice of appeal as required by s. 34(19) of the Planning Act.
The Tribunal also allowed the applicant's motion to dismiss the appeal without a hearing under s. 34(25), concluding the notice of appeal failed to explain how the by-law was inconsistent with applicable policies and failed to disclose any apparent land use planning grounds.
Appeals of zoning by-law amendment for mid-rise apartment dismissed; proposal conforms with planning policies.
Multiple appellants appealed the City of Ottawa's enactment of a site-specific zoning by-law amendment permitting a nine-storey, 62-unit residential apartment building.
The appellants raised concerns regarding shadow impacts, traffic safety, tree preservation, and conformity with provincial and municipal planning policies.
The Tribunal preferred the evidence of the applicant's and City's experts, finding that the proposed development would not create undue adverse impacts on traffic or forestry.
The Tribunal concluded that the amendment has regard for provincial interests, is consistent with the Provincial Policy Statement, conforms to the Official Plan, and represents good land use planning.
The appeals were dismissed.
No co-appearing lawyers found.
No judges found.