Samantha Anderson

The appellants appealed the Township of Essa Committee of Adjustment's refusal of their consent and minor variance applications to create two new residential lots.

The initial refusal was based on conservation authority concerns regarding floodplain hazards.

Prior to the hearing, the parties reached a settlement after new floodplain mapping demonstrated the proposed lots were within the flood fringe, not the floodplain.

The Tribunal accepted uncontested expert planning evidence that the minor variances met the four tests under the Planning Act and that the severances constituted good planning.

The appeals were allowed, the variances authorized, and provisional consent granted subject to conditions.