Trevor Copeland

Peterborough Action for Tiny Homes (PATH) appealed the City's refusal of a Temporary Use By-law application to permit 24 transitional housing sleeping cabins on a property adjacent to an existing heavy industrial facility.

The central issue was whether the cabins should be classified as 'dwellings' or 'noise sensitive institutional purpose buildings' under provincial noise guidelines (NPC-300) for the purpose of determining land use compatibility.

The Tribunal found the cabins constituted dwellings, requiring more stringent noise mitigation.

Because the proposal introduced a sensitive land use immediately adjacent to a Class II industrial facility without adequate mitigation mechanisms, the Tribunal held it was inconsistent with the Provincial Policy Statement and did not conform to the City Official Plan.

The appeal was dismissed.

The applicant appealed the Town's refusal of a Zoning By-law Amendment and failure to make a decision on a Site Plan application to permit a permanent hot-mix asphalt plant and a future ready-mix concrete plant.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement and conforms to the County and Town Official Plans.

The Tribunal accepted expert evidence demonstrating that the plant is appropriately separated from sensitive land uses and that potential impacts related to noise, dust, odour, and traffic can be adequately mitigated.

The appeal was allowed, and the Zoning By-law Amendment and Site Plan were approved.