Stephen Albanese

The Ontario Land Tribunal heard appeals regarding proposed Official Plan Amendments 49 and 56 for the Resort Village of Minett.

The parties reached a settlement on various aspects of the appeals, leaving one remaining issue regarding the maximum percentage of Resort-Related Dwelling Units permitted on RC3 lands.

After hearing expert land use planning evidence, the Tribunal allowed the appeals in part and approved the settled Official Plan Amendments 49 and 56.

The appellants appealed the approval of Official Plan Amendment 49 and Official Plan Amendment 56 concerning the Resort Village of Minett.

The parties reached a settlement on all issues except for the maximum percentage of Resort-Related Residential Dwelling Units permitted on the RC3 lands.

The appellants argued for a 50% maximum based on previous permissions, while the municipalities supported a 30% maximum.

The Tribunal dismissed the appeal, finding that Official Plans are not static and the 30% permission was appropriate and justified through a fulsome public consultation process.

The OPAs were approved in principle on an interim basis.

The applicant appealed the Town of Caledon's failure to make a decision on a zoning by-law amendment application to permit an industrial warehouse and distribution building.

Prior to the hearing, the parties reached a settlement that included site-specific zoning provisions and a holding provision to secure the extension of a local road.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment was consistent with provincial policy and conformed to the applicable official plans.

The appeal was allowed in part to implement the settlement.