Appeal of zoning by-law amendment dismissed as municipal servicing allocation is outside the Tribunal's jurisdiction.
Beachside Development Inc. brought a motion to dismiss an appeal by Manning Developments Inc. regarding a zoning by-law amendment approved by the Municipality of Lakeshore.
Manning's appeal was based on the Municipality's differing treatment of servicing allocation between Beachside's lands and Manning's adjacent lands.
The Ontario Land Tribunal granted the motion and dismissed the appeal, finding that municipal servicing allocation is outside the Tribunal's jurisdiction, meaning the appeal disclosed no apparent land use planning grounds and had no reasonable prospect of success.
The Tribunal also found the appeal was brought for the purpose of delay.
OLTOntario Land TribunalSep 17, 2021
