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Tribunal scheduled a 10-day hearing for zoning and subdivision appeals and approved the Procedural Order.
The Ontario Land Tribunal held a Case Management Conference regarding appeals by Haley’s Elevator Inc. against the County of Brant's refusal of Zoning By-law Amendment and draft plan of subdivision applications.
The applications propose 108 single detached dwellings.
The Tribunal scheduled a 10-day video hearing on the merits and approved the Procedural Order and Issues List.
Motion to dismiss fee appeal denied; Tribunal has jurisdiction over engineering administration fees under Planning Act.
The County of Brant brought a motion to dismiss an appeal by the appellant regarding an Engineering Administration Fee of $775,879.67 levied during a draft plan of subdivision approval process.
The County argued the fee was imposed under the Municipal Act and thus outside the Tribunal's jurisdiction under s. 69(3) of the Planning Act.
The Tribunal found that the fee evolved from previous by-laws as a fee for processing a planning application and therefore fell within its jurisdiction.
The motion to dismiss was denied, and the appeal was scheduled for a hearing on the merits.
