Richard Wilson

The appellant appealed the Town's approval of a Zoning By-law Amendment that permitted the severance of an existing lot to create a new residential lot.

The appellant raised concerns regarding lot coverage, setbacks, privacy, and shadowing.

The Tribunal preferred the expert land use planning evidence provided by the Town and the applicant, which demonstrated that the amendment was consistent with the Provincial Policy Statement, conformed to the Growth Plan and local official plans, and represented good land use planning.

The appeal was dismissed.

The applicants appealed the Town of Niagara-on-the-Lake's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision within the statutory timeframes.

The applications sought to permit a 53-lot residential subdivision.

Prior to the hearing, the parties reached a settlement for a revised proposal consisting of 49 residential lots and an enlarged park block.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and local official plans.

The Tribunal allowed the appeals in part to approve the revised draft plan and zoning by-law amendment.