Rory Backsh

The appellant brought a motion to determine whether its proposed redevelopment of a former golf course into a 44-lot residential subdivision is located within a 'Settlement Area' under the Growth Plan, Provincial Policy Statement, and the City of Kawartha Lakes Official Plan.

The City argued that the lands were not delineated as a Settlement Area in its Official Plan and therefore did not meet the definition.

The Tribunal found that the definition of 'Settlement Area' should be read disjunctively, and that the subject property qualifies as a Rural Settlement because it is a built-up area where development is concentrated, has a mix of land uses, and is identified in the Official Plan.

The motion was granted, and the issue was removed from the Issues List.