Tribunal amends subdivision conditions to require compensation for transitway land dedication exceeding 5% of site area.
The appellant appealed two conditions of draft plan approval for a subdivision that required the dedication of a 40-metre wide transitway right-of-way at no cost to the City.
The required dedication represented 19.1% of the total area of the plan of subdivision.
The Tribunal found that while the transitway was necessary for the City's orderly growth, requiring the dedication of the entire right-of-way at no cost was not reasonable, relevant, necessary, or equitable for this specific development.
The Tribunal allowed the appeal and amended the conditions to require the appellant to dedicate 5% of the land area at no cost, with the City to compensate the appellant at fair market value for the remaining land required.
OLTOntario Land TribunalMar 28, 2022
