Appeal allowed and consent for private access easement granted based on parties' settlement.
The appellant appealed the municipality's refusal to approve a consent application for an easement over a private access driveway serving four waterfront lots.
Prior to the hearing, the parties and a local road committee reached a settlement.
Based on uncontested expert planning evidence, the Tribunal found the proposed consent consistent with the Provincial Policy Statement and in conformity with the Official Plan, as the existing private road location was more appropriate for the topography than the originally planned route.
The appeal was allowed and provisional consent granted subject to the conditions in the settlement.
OLTOntario Land TribunalDec 3, 2021
