Jonathan Frustaglio

The parties reached a settlement regarding appeals of a proposed residential development within the Village of Churchville Heritage Conservation District.

The Tribunal accepted uncontested expert planning and heritage evidence that the settlement proposal represents good land use planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and local official plans.

The Tribunal dismissed the heritage appeals, approved the draft plan of subdivision, and amended the zoning by-law to facilitate the development.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its May 2, 2024 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to include the Title of Proceedings for a related case that was heard together with the lead case.

In all other respects, the original decision remains unchanged.

The Tribunal convened a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to facilitate a residential development.

The appellant and the municipality reached a settlement, and revised planning instruments were filed.

Another party raised a concern regarding the dedication of a block of land, which was addressed by the municipality.

The Tribunal directed the parties to confirm the settlement in writing and request a settlement hearing.

The applicant appealed the City of Vaughan Committee of Adjustment's refusal of a minor variance to reduce the required rear yard soft landscaping from 60% to 42.9% to maintain an existing bocce court.

The developer of the subdivision opposed the application, arguing the bocce court increased impermeable surface area and threatened the stormwater management system.

The Tribunal allowed the appeal and authorized the variance, accepting evidence that the bocce court materials were permeable and noting it had existed for five years without causing any drainage issues.