J. Doris

The applicant appealed the failure of the Township of Uxbridge and the Regional Municipality of Durham to make decisions on applications for Official Plan Amendments, a Zoning By-law Amendment, and a Draft Plan of Subdivision to facilitate a 541-unit residential development.

Prior to the hearing, the parties reached a settlement endorsing the approval of the applications.

Based on the uncontroverted expert planning evidence, the Tribunal found the applications consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Greenbelt Plan, and applicable Official Plans.

The Tribunal allowed the appeals and approved the planning instruments.

The Township of Uxbridge brought a motion requesting that the hearing of appeals by the applicant regarding official plan amendments, zoning by-law amendments, and a plan of subdivision be phased.

The Township proposed that the first phase deal with threshold issues of servicing allocation and sewage capacity.

The applicant opposed the motion, arguing that the applications should be considered comprehensively and that phasing would cause significant delay and redundancy in expert evidence.

The Tribunal dismissed the motion, finding that there would be ample crossover in expert witnesses and that it was appropriate to hear the comprehensive applications together.