Appeals allowed; consent and minor variances for residential lot severance granted based on uncontested expert planning evidence.
The appellants appealed the City of Thorold Committee of Adjustment's refusal of a consent application and two minor variance applications.
The applications sought to sever a residential property into two lots and construct a new two-storey detached dwelling, requiring relief from minimum lot area and frontage requirements.
The City did not appear at the hearing.
The Tribunal heard expert planning evidence from the planners who originally reviewed the applications for the City, who testified that the variances met the four-part test under the Planning Act and the consent met the statutory criteria.
The Tribunal accepted the uncontested expert evidence, allowed the appeals, authorized the variances, and granted provisional consent subject to conditions.
OLTOntario Land TribunalDec 14, 2022
