Sean Male

The appellant brought a motion seeking the Tribunal's approval of a settlement agreement with the Township of King regarding site-specific modifications to the new Comprehensive Zoning By-law No. 2022-053.

The modifications change the zoning of the subject property from 'Future Use' to 'Hamlet Residential – Future' to provide clarity for future residential lot creation, consistent with the Official Plan.

Based on uncontroverted expert planning and ecological evidence, the Tribunal found the modifications represent good land use planning, are consistent with provincial policies, and are in the public interest.

The motion was granted and the zoning by-law was amended accordingly.

The moving party sought leave to appeal a decision of the Ontario Land Tribunal that dismissed his appeal of a zoning by-law without a hearing.

The Tribunal had dismissed the appeal on the basis that it did not disclose any apparent land use planning ground and failed to explain how the by-law was inconsistent with provincial policy or the official plan.

The Divisional Court found that the Tribunal provided sufficient reasons and made no error of law in applying the test for dismissing an appeal without a hearing under the Planning Act.

The moving party had failed to provide responding affidavit evidence or expert planning opinions to support his appeal grounds before the Tribunal.

The motion for leave to appeal was dismissed with costs awarded to the respondents.

The applicant appealed the City's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The Phase 1 hearing focused on whether the proposed development was premature due to the presence of Significant Wildlife Habitat for Monarch butterflies on the subject lands.

The Tribunal found that the applications were not premature, accepting the applicant's evidence that proposed mitigation measures, including species-specific vegetation and a phased construction plan, would ensure no negative impacts on the migratory stopover habitat.

The Tribunal directed the matter to proceed to a Phase 2 hearing.