Tribunal orders site plan and zoning appeals heard together and strikes premature heritage demolition issues.
The applicant brought a motion to separate and defer its site plan appeal from its official plan and zoning by-law amendment appeals, and to strike certain issues from the issues list.
The Town brought a cross-motion to strike issues related to heritage demolition, arguing the Tribunal lacked jurisdiction, and to add issues regarding conformity with the Oak Ridges Moraine Conservation Plan.
The Tribunal ordered that the appeals be heard together, finding that the site plan details were central to determining the appropriateness of the proposed drive-through use.
The Tribunal also struck the heritage demolition issues, finding it lacked jurisdiction until a heritage permit application was decided by the Town, and allowed the addition of the conformity issues.
OLTOntario Land TribunalOct 29, 2024
