Zoning by-law amendment appeal dismissed as premature due to inadequate municipal sewage servicing capacity.
The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application to permit an 8-storey apartment building and townhouses.
The core issue was whether there was adequate municipal wastewater servicing capacity for the proposed high-density residential development.
The Tribunal found that the existing sewage system lacked capacity, posing a high risk of basement flooding, and that the applicant's proposed alternative servicing solutions, including a lift station, were not feasible or permitted under the Official Plan.
The Tribunal concluded that the proposed amendment was premature, inconsistent with the Provincial Policy Statement, and did not conform to the applicable Official Plans.
The appeal was dismissed.
OLTOntario Land TribunalMay 25, 2023
