Motion to dismiss granted for appeal raising mental health impacts, but denied for appeal raising authentic planning issues.
The applicant brought a motion to dismiss two appeals against the approval of an official plan amendment and zoning by-law amendment to permit a 662-unit subdivision on a former golf course.
The Tribunal dismissed the appeal by Hatem Abou El-Nile, finding that his concerns regarding mental health impacts from the loss of green space did not constitute recognized land use planning grounds.
However, the Tribunal denied the motion to dismiss the appeal by Friends to Keep Vaughan Green, finding that their appeal raised genuine, legitimate, and authentic land use planning issues worthy of adjudication, supported by expert evidence.
OLTOntario Land TribunalMay 15, 2023
