Tim Cane

Appeals were brought against the Town of Innisfil's Official Plan regarding the designation of certain lands.

DLR appealed the Agricultural Area designation on its lands, seeking a Rural Area designation to permit development.

Nextnine appealed the Key Natural Heritage Features designation on its lands, seeking a Parks and Open Space designation to permit a golf course expansion.

The Tribunal dismissed both appeals, finding that the Town's designations were consistent with the Provincial Policy Statement 2020, conformed to the Growth Plan 2020, the Lake Simcoe Protection Plan, and the County of Simcoe Official Plan.

The appellant appealed the Town's refusal of a Zoning By-Law Amendment to relocate a Convenience Commercial Block within a subdivision from an approved site next to a central park to a proposed site further south along an arterial road.

The Tribunal evaluated the planning and economic merits of both sites.

While both sites conformed to applicable planning policies, the Tribunal preferred the appellant's evidence that the proposed site offered greater visibility, access, and competitive advantage, which would better ensure the economic viability of future tenants.

The Tribunal also found it more practical to re-purpose an existing sales pavilion on the proposed site rather than demolish it and rebuild nearby.

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