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Appeal of zoning by-law amendment dismissed without a hearing for lacking legitimate land use planning grounds.
The applicant brought a motion to dismiss an appeal of a Zoning By-law Amendment that would permit an 18-storey mixed-use building.
The appellant neighbourhood association argued the City failed to consider public concerns and the proposal did not conform to planning policies.
The Tribunal found the appeal raised no legitimate land use planning grounds, relied on unsubstantiated apprehensions, and lacked supporting expert evidence.
The motion was granted and the appeal dismissed without a hearing pursuant to s. 34(25) of the Planning Act and s. 19(1)(c) of the Ontario Land Tribunal Act.