Rory Baksh

Multiple appeals were filed regarding the City of Kawartha Lakes 2012 Official Plan and its Secondary Plans.

The parties reached a settlement resolving the remaining phases of the appeals, including site-specific zoning by-law amendments and modifications to the Bobcaygeon and Omemee Secondary Plans.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications and amendments were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and represented good planning.

The Tribunal approved the settlement and modified the planning instruments accordingly.

The City of Kawartha Lakes brought a motion for partial approval of Phase 4 appeals concerning Official Plan Amendments 13 and 16, which implement the Lindsay Secondary Plan.

The parties reached a settlement on the proposed policy and mapping modifications.

The Tribunal accepted uncontroverted expert planning evidence that the modifications are consistent with the Provincial Policy Statement and represent good planning.

To avoid potential policy conflicts between the new Secondary Plan and the existing Town of Lindsay Official Plan, the Tribunal ordered that its final approval be withheld until the Minister formally repeals the existing plan.

The Tribunal heard an appeal regarding the 'Prime Agricultural' designation of a 42.95-hectare parcel of land in the City of Kawartha Lakes' Official Plan.

The appellants argued that the lands should be designated 'Rural' based on an Agricultural Land Evaluation which found the lands consisted mostly of Class 4 soils with drainage and topography constraints.

The City argued the designation was appropriate and any changes should occur during a Municipal Comprehensive Review.

The Tribunal preferred the appellants' evidence, finding no clear justification for the original 'Prime Agricultural' designation, and ordered the lands be re-designated as 'Rural'.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan (OPAs 13-18).

The City brought a motion for partial approval (Draft Order 3) to resolve numerous Phase 2 issues based on an Agreed Statement of Facts by land use planning experts, which the Tribunal approved.

The Tribunal also considered Draft Order 4 to implement Minutes of Settlement regarding settlement boundaries.

Fenelon Trails requested a deferral of the Fenelon Falls urban boundary approval, arguing it would restrict growth.

The Tribunal denied the deferral request, noting Fenelon Trails was a non-appellant party sheltering under another appeal that had settled, and approved Draft Orders 3 and 4 to implement the settlement and boundary adjustments.