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Tribunal issues Procedural Order and Issues List following second Case Management Conference for zoning appeal.
The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on a Zoning By-law Amendment application.
The parties reported progress on resolving issues and requested the Tribunal ratify a draft Procedural Order and Issues List.
The Tribunal approved the Procedural Order and Issues List to govern the upcoming 10-day video hearing.
Tribunal grants participant status and schedules hearing dates in zoning by-law amendment appeal.
The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant from the respondent's failure to make a decision on a Zoning By-law Amendment application.
The amendment sought to facilitate a subdivision development by reducing exterior side-yard setbacks and increasing maximum permitted height.
The Tribunal granted participant status to five individuals who raised environmental and built form concerns.
A second Case Management Conference and a ten-day hearing were scheduled to allow the parties to finalize the issues list and complete an Environmental Impacts Assessment.
Planning Act's 90-day period for OMB appeal begins when prescribed, not additional, information is provided.
The respondent applied for an official plan amendment, zoning change, and subdivision approval, providing the prescribed information but refusing to provide additional information requested by the appellant municipality.
The municipality refused to forward the appeal record to the Ontario Municipal Board, arguing the 90-day period for a decision had not commenced.
The Court of Appeal held that under the Planning Act, the 90-day period begins once the prescribed information and fees are provided, regardless of whether additional requested information is supplied.
The appeal was dismissed, allowing the respondent to proceed directly to the OMB.
