Draft Plan of Subdivision conditions approved following full settlement between the applicant and the City.
The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a complete community development.
Following a settlement on the instruments in a prior phase, this hearing addressed the remaining contested Draft Plan conditions and Subdivision Agreement provisions.
The parties reached a full settlement during the hearing.
Based on uncontroverted expert planning and engineering evidence, the Tribunal found the proposed conditions met the criteria under s. 51(24) and s. 51(25) of the Planning Act, represented good planning, and were in the public interest.
The Tribunal approved the Draft Plan subject to the agreed conditions.
OLTOntario Land TribunalJan 29, 2024