William Heikoop

The applicants appealed the City of Niagara Falls' refusal of a Zoning By-law Amendment and Draft Plan of Vacant Condominium to permit the development of six townhouse dwellings and one semi-detached dwelling.

The parties reached a settlement modifying the proposal to include one semi-detached dwelling instead of two and extending privacy fencing.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeals were allowed in part, the zoning by-law was amended, and the draft plan was approved subject to conditions.

The appellant appealed the Committee of Adjustment's approval of a minor variance to facilitate the construction of a new 96-bed long-term care facility.

The parties reached a settlement prior to the hearing, agreeing to the variance subject to noise mitigation conditions.

The Tribunal found the variance, which reduced the interior side yard setback from 50 metres to 1.2 metres, met the four tests under section 45(1) of the Planning Act.

The Tribunal authorized the variance subject to conditions regarding consent approval and noise mitigation, but declined to impose a requested condition regarding a private agreement under the Industrial and Mining Lands Compensation Act due to lack of jurisdiction.

The applicant brought a motion for directions requesting that its Official Plan Amendment and Zoning By-law Amendment applications for a 38-unit development be deemed complete by the Town of Fort Erie.

The Town had previously issued a Notice of Incomplete Application, demanding additional materials including a peer review of the Heritage Impact Assessment and a Comprehensive Servicing Study.

The Town did not oppose the motion.

Relying on uncontested planning evidence, the Tribunal found that the applications met the requirements of the Planning Act and the Town's Official Plan.

The motion was granted and the applications were deemed complete.

The appellant appealed the City of Welland's refusal to adopt requested Official Plan and Zoning By-law amendments to permit a mixed-use apartment and street townhouse development.

The parties reached a settlement involving a revised proposal for a seven-storey mixed-use building and 25 townhouses.

Relying on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local planning documents.

The appeals were allowed and the amendments approved.