Raymond Duhamel

The applicant appealed the Township's Committee of Adjustment refusal of minor variances to permit an increase in maximum gross floor area and lot coverage for the construction of a new cottage and use of an existing boathouse.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the variances met the four tests under section 45(1) of the Planning Act, being minor, desirable, and maintaining the intent of the Official Plan and Zoning By-law.

The appeal was allowed in part and the variances were authorized subject to conditions.

The Escarpment Biosphere Conservancy appealed the Municipality of Northern Bruce Peninsula's approval of a zoning by-law amendment that permitted the development of a cottage, detached garage, and septic system on lands within the Zinkan Island Cove Area of Natural and Scientific Interest.

The appellant argued that the applicant failed to demonstrate that the development would have no negative impacts on the natural features or their ecological functions, as required by the Provincial Policy Statement.

The Tribunal dismissed the appeal, preferring the evidence of the applicant's and municipality's experts, who concluded that the development, restricted to a previously disturbed building envelope with mitigation measures, would have no negative impacts on the alvar habitat or other natural heritage features.

The applicant appealed the Chief Building Official's decision to issue a building permit for a waste processing facility.

The applicant argued the facility was not a permitted 'Dry Industry' use and lacked required municipal service connections.

The Superior Court of Justice found the applicant had standing and upheld the CBO's reasonable determination that the facility was a permitted use.

However, the court modified the building permit to mandate that the facility be fully connected to municipal water and sewer services prior to occupancy, as required by the zoning by-law.