Tribunal deems pre-conditions satisfied, finding municipal infrastructure has capacity for proposed development.
The applicant brought a motion requesting the Tribunal deem the pre-conditions to its Interim Order satisfied, allowing its appeals for an Official Plan Amendment and Zoning By-law Amendment to proceed.
The City opposed, arguing that conditions relating to functional servicing and municipal infrastructure upgrades were not met due to concerns over the F-5-5 Guideline and combined sewer capacity.
The Tribunal found that the F-5-5 Guideline did not apply to the subject site and accepted the applicant's expert evidence that the existing municipal infrastructure had sufficient capacity to accommodate the development.
The motion was granted, and the pre-conditions were deemed satisfied.
OLTOntario Land TribunalAug 23, 2023
