Robert Thun

The appellants appealed the Town of Oakville's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and a heritage permit to facilitate a 52-unit townhouse development on an assembly of lands that included a designated heritage property and lands adjacent to a natural heritage system.

The Tribunal allowed the appeals in part, approving the development in principle subject to conditions.

The Tribunal found that the 15-metre buffer to the valleylands must be designated and zoned as Natural Area, but permitted its use as a Privately Owned, Publicly Accessible Space (POPS) for passive recreation.

The Tribunal also found that the proposed development conserved the cultural heritage resources of the site, represented an appropriate level of intensification, and was compatible with the character of the surrounding stable residential neighbourhood.

The applicant appealed the Town of Oakville's failure to make a decision on applications for a Zoning By-law amendment and draft Plan of Subdivision for a residential development.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted the uncontested expert planning evidence that the settlement represents good planning, conforms to the relevant official plans, and is consistent with the Provincial Policy Statement.

The appeals were allowed in part, the Zoning By-law was amended, and the draft Plan of Subdivision was approved subject to conditions.