Stephen Cornwell

The appellants appealed the Committee of Adjustment's refusal of minor variances to permit an additional residential unit above an existing garage with greater building height and lot coverage.

The Tribunal qualified a land use planner who testified that the variances met the four tests under the Planning Act.

The Tribunal favored the appellant's evidence, finding that the application represented efficient use of the lands and met the four tests.

The appeal was allowed and the variances were authorized.

The appellant appealed the approval of Official Plan Amendment No. 5 (implemented by By-Law No. 2022-54) regarding the exclusion of its lands from the settlement area boundary.

The parties reached a full uncontested settlement to alter the designations for 1 hectare of both the appellant's and a neighbouring property, maintaining the appellant's property as residential within the boundary and the neighbour's property as agricultural outside it.

Relying on uncontested expert planning evidence, the Tribunal found the proposed modifications consistent with the Provincial Policy Statement and in conformity with the applicable official plans.

The appeal was allowed in part to modify the Official Plan Amendment accordingly.