The appellants appealed a Superior Court decision that quashed a building permit issued by the Chief Building Officer (CBO) for an accessory building on a lakeside residential property.
The property was a non-complying lot because it did not border a street, making the determination of lot lines and setbacks under the zoning by-law ambiguous.
The CBO reasonably interpreted the by-law to conclude that all lot lines were side lot lines, and issued the permit.
The Divisional Court allowed the appeal, finding that the appeals judge erred by applying a correctness standard of review and improperly considering land use planning principles from the Official Plan.
The CBO's decision was restored as it was reasonable and entitled to deference.
