Shawn Persaud

The Township of Tiny enacted a new comprehensive zoning by-law which was appealed to the Ontario Land Tribunal.

Based on uncontroverted expert planning evidence, the Tribunal found the by-law consistent with provincial policies and good planning.

The Tribunal ordered the approval of the by-law, save and except for specific sections and schedules that remain under appeal by various parties.

The appellant appealed the municipality's new comprehensive Zoning By-law under subsection 34(19) of the Planning Act.

Based on the uncontroverted expert land use planning evidence provided by the municipality's Director of Planning and Development, the Tribunal found that the proposed Zoning By-law Amendment was consistent with the Provincial Policy Statement and conformed to the applicable official plans.

The appeal was allowed and the Zoning By-law Amendment was approved to rezone the subject lands to permit a mineral aggregate operation.

The appellant appealed a Committee of Adjustment decision granting a minor variance for a reduced flood hazard setback of 24 metres on a shoreline property.

Prior to the hearing, the parties reached a settlement to increase the setback to 27 metres.

The Tribunal allowed the application to be amended without further notice under s. 45(18.1.1) of the Planning Act.

Based on uncontested expert planning evidence, the Tribunal found that the amended variance met the four tests under s. 45(1) of the Planning Act.

The appeal was dismissed and the amended variance was authorized.