Steve McArthur

The appellants appealed the Township's refusal to approve a Zoning By-law Amendment to permit a tourist establishment and accessory dwelling on their property.

Prior to the hearing, the parties reached a settlement supporting the amendment.

Based on uncontested expert planning evidence, the Tribunal found the amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and local Official Plan, and representative of good planning.

The appeal was allowed and the zoning by-law was amended.

The applicant appealed the Town's refusal of a zoning by-law amendment that would permit him to operate a part-time commercial automobile repair business from his residential garage.

The Tribunal found that while the applicant's intentions were earnest, the proposed commercial use in a residential zone did not conform to the Town's Official Plan, which directs such commercial activities to non-residential areas.

The appeal was dismissed.

The applicants appealed the North Almaguin Planning Board's refusal of a consent application to sever a rural residential waterfront lot on Commanda Lake.

The Board had refused the application on the basis that the lake was at capacity and that its guiding principles limited severances to once every 15 years.

The Tribunal preferred the evidence of the applicants' experts, finding that the lake was not at capacity based on current data and that the 15-year limitation was not grounded in applicable policy.

The Tribunal allowed the appeal and granted provisional consent, concluding the proposal was consistent with the Provincial Policy Statement and represented good planning.