Sara Rogers

The applicant appealed the City's failure to make a decision on a proposed plan of subdivision and related amendments.

The parties agreed to minor changes to the draft plan conditions previously approved by the Ontario Municipal Board, primarily relating to a new multi-use trail.

Relying on the uncontested land use planning evidence of the City's expert, the Tribunal approved the revised draft plan conditions.

The applicant appealed the Committee of Adjustment's refusal of a consent to sever and minor variances for a property in Hamilton.

The proposal involved severing a parcel to add to an abutting vacant lot to create a new lot for a single detached dwelling, with a mutual driveway.

The Tribunal heard uncontradicted expert planning evidence that the proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and met the criteria under s. 51(24) of the Planning Act.

The Tribunal found that the variances met the four tests under s. 45(1) of the Planning Act, as they maintained the general intent and purpose of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The appeals were allowed, provisional consent was granted, and the variances were authorized.