Richard Hunter

The appellant appealed the Township's failure to approve a site plan amendment application within 30 days.

The application sought to replace an existing holding tank sewage disposal system at a marina with a new Ministry-approved tertiary sewage treatment system.

The Tribunal found that the proposed site plan and amending agreement met all statutory requirements, were consistent with the Provincial Policy Statement, conformed with the applicable Official Plans and Zoning By-law, and represented good planning.

The appeal was allowed and the site plan agreement was approved.

The moving party sought leave to appeal a decision of the Ontario Municipal Board (OMB) that directed the municipality to repeal a site-specific zoning by-law amendment permitting the construction of a boathouse on a narrow waterway.

The moving party argued the OMB erred in its interpretation of the official plan, statutory interpretation principles, and the requirement to 'have regard to' the municipal council's decision under the Planning Act.

The Divisional Court applied the reasonableness standard of review and found no errors of law, concluding the OMB's decision was defensible and properly considered the planning evidence and council's decision.

The application for leave to appeal was dismissed.