Tom Storey

The appellant appealed a zoning by-law amendment adopted by the municipality to permit a 95-unit affordable rental residential development.

Prior to the hearing, the parties reached a settlement agreement that modified the by-law to include a holding symbol, limit the development to 70 units, and prescribe specific development standards.

Based on uncontested expert planning evidence, the Tribunal found the revised by-law consistent with provincial policies and good land use planning, and allowed the appeal in part to implement the settlement.

The applicant appealed the Town's refusal of a zoning by-law amendment to permit a student residence within an existing school.

At a settlement hearing, the Tribunal heard uncontroverted expert planning evidence that the proposed site-specific zoning by-law amendment, which defines 'seminary' to include student boarding and limits the boarding area and future expansion, conforms with the Town Official Plan and represents good planning.

The Tribunal approved the settlement and allowed the appeal in part to amend the by-law.

The appellant appealed a Committee of Adjustment decision that denied a minor variance for front yard depth while granting a variance for building height to permit the construction of a single-detached dwelling.

Prior to the hearing, the parties reached a settlement that amended the application to maintain a 6.0-metre setback for the attached garage while reducing the setback for the residential portion of the dwelling to 5.6 metres.

The Tribunal accepted uncontroverted expert planning evidence that the amended variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed in part and the amended variances were authorized.

Mohawk Farm Limited brought a motion to dismiss Teresa Warren's appeal of the Municipality of Chatham-Kent's approval of Official Plan Amendment No. 72.

The appellant raised concerns regarding density, traffic, and road network modifications but failed to respond to the motion or indicate an intention to call expert evidence.

Applying the East Beach test, the Tribunal found that the appellant's apprehensions, without the support of expert evidence, did not constitute genuine land use planning grounds.

The motion was granted and the appeal was dismissed.

The applicants sought a Zoning By-law Amendment (ZBA) to permit the demolition and rebuilding of a cottage partially within a 100-year lakeshore erosion hazard.

The appellant, who owns nearby private roads and a mutual drain, appealed the Township's approval of the ZBA, arguing the development was premature due to unresolved issues with the deteriorating drain and private roads.

The appellant requested the ZBA be refused or approved subject to a holding symbol requiring the parties to address the infrastructure issues.

The Tribunal dismissed the appeal, finding the proposed development represents good planning, will not exacerbate existing drainage issues, and that a ZBA appeal is not the appropriate forum to resolve private or wider infrastructure disputes.