Todd Weatherell

The appellant appealed the Township's adoption of Official Plan Amendment No. 45 and Zoning By-law Amendment No. 2022-73, which sought to permit limited development on vacant lands subject to new septic and municipal water requirements.

Prior to the hearing, the parties reached a settlement modifying OPA 45 to clarify hydrogeological protections, and the appellant withdrew the zoning appeal.

Relying on uncontroverted expert planning evidence, the Tribunal found the modified OPA 45 consistent with provincial policies and the County Official Plan, and approved it as modified.

The applicants appealed the Township of Tay Committee of Adjustment's refusal of a consent application to sever a residential property to create a new lot.

The subject property is located in a rural shoreline area outside of a settlement area.

The Tribunal accepted the uncontradicted expert planning evidence of the Township that the proposed severance was not consistent with the Provincial Policy Statement and did not conform to the Growth Plan, the County Official Plan, the Township Official Plan, or the Zoning By-law.

The appeal was dismissed.

The applicants appealed a Committee of Adjustment decision denying minor variances required to construct a new two-storey single detached dwelling on a waterfront property.

The requested variances sought relief for a reduced front yard setback and a reduced shore-side setback.

The Ontario Land Tribunal allowed the appeal, preferring the evidence of the applicants' planner and coastal engineer.

The Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as they maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The variances were authorized subject to conditions, including adherence to a Shoreline Hazard Study.