Susan Smyth

The applicant appealed the City of Welland's refusal of a Zoning By-law Amendment and Draft Plan of Vacant Land Condominium to permit the creation of seven residential dwellings (four single detached and three townhouses).

The matter proceeded as a settlement hearing.

Based on the uncontested expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable Official Plans, and representative of good land use planning.

The appeals were allowed, the Zoning By-law was amended, and the Draft Plan was approved subject to conditions.

The appellant appealed the Town's approval of official plan and zoning by-law amendments that would facilitate a medical clinic and professional office development on a property in Virgil.

The appellant, who operates a nearby medical centre, argued the amendments were inconsistent with provincial policies, would remove needed residential lands, and would negatively impact existing commercial areas.

The Tribunal found the proposed instruments were consistent with the Provincial Policy Statement, conformed with the Growth Plan and the Region's Official Plan, and conformed with the Town's Official Plan.

The Tribunal accepted the applicant's market impact study, finding a need for the proposed medical uses and no evidence that the development would cause blight or significant adverse market impacts.

The appeals were dismissed.

The applicant appealed the Town of Niagara-on-the-Lake's refusal of a zoning by-law amendment application to permit three single detached dwellings on a private roadway.

The applicant called two expert planning witnesses, including the Town's Manager of Planning under summons, who both provided uncontested evidence supporting the revised proposal.

The Tribunal found the proposed infill development consistent with the Provincial Policy Statement, the Growth Plan, and local official plans, as it promotes efficient use of land and existing infrastructure.

The appeal was allowed and the municipality was directed to amend the zoning by-law.