Ted Halwa

The applicants appealed the municipality's refusal of a Zoning By-law Amendment application to permit an addition, an additional residential unit, and a commercial marina facility on their property abutting Kettle Creek.

Prior to the hearing, the parties reached a settlement on a revised amendment.

Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment had appropriate regard for provincial interests, was consistent with the Provincial Policy Statement regarding natural hazards, conformed with the applicable Official Plans, and represented good planning.

The appeal was allowed in part to approve the revised amendment.