Marshall Green

The applicant appealed the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development of 1,321 dwelling units.

The parties reached a settlement prior to the hearing.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal was consistent with provincial policies, conformed to the applicable official plans, and represented good planning.

The appeals were allowed in part to approve the revised planning instruments and draft plan conditions.

The appellants appealed the Township's approval of an Official Plan Amendment and Zoning By-law Amendment that would permit a 74-unit seasonal recreational trailer park as an accessory use to an existing marina.

The appellants raised concerns regarding land use compatibility, noise, and the protection of the Natural Heritage System, specifically arguing that the proposed vegetation protection zone was insufficient under the Growth Plan.

The Tribunal dismissed the appeals and approved the amendments, accepting the uncontradicted expert evidence that the proposal conforms with applicable provincial and local planning policies, adequately protects natural heritage features, and represents good land use planning.

A Case Management Conference was held regarding appeals against the Town of Bradford West Gwillimbury's approval of a zoning by-law amendment, official plan amendment, and cemetery establishment for a property owned by Ahmadiyya Muslim Jama’at Canada.

The Tribunal ordered that the appeals under the Planning Act and the Funeral, Burial and Cremation Services Act be heard together, added parties to the proceedings, and approved a revised Procedural Order and Issues List for the upcoming 17-day merit hearing.

The applicant appealed the Township of Springwater's failure to make a decision on applications for a zoning by-law amendment and a draft plan of subdivision to permit a residential development.

The parties reached a settlement proposing a revised draft plan and zoning by-law amendment.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good planning.

The appeals were allowed in part to approve the revised instruments.

This was the second Case Management Conference regarding appeals by the appellant against a Zoning By-law Amendment and an Official Plan Amendment intended to permit a cemetery and accessory uses on the subject property.

The Tribunal granted provisional participant status to one individual, approved the Procedural Order and Issues List, and scheduled a further Case Management Conference and a 17-day merit hearing.

The Tribunal also consolidated the two appeals but declined to consolidate an older, closed appeal pending further submissions from the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of a Zoning By-law Amendment passed by the Town of Bradford West Gwillimbury to permit a cemetery and accessory uses on prime agricultural lands.

The Tribunal granted party status to an adjacent landowner and participant status to four individuals on consent.

The Tribunal also consolidated the matter with an outstanding Ontario Municipal Board appeal and scheduled a second Case Management Conference.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2513564 Ontario Ltd. against the Township of Springwater's failure to make a decision on applications for a Zoning By-law Amendment and Plan of Subdivision.

The Tribunal granted party status to the County of Simcoe on consent.

A revised Procedural Order was approved, and a five-day hearing on the merits was scheduled to commence on October 30, 2023.

This was the third Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal approved the draft Procedural Order submitted by the parties, scheduled a 15-day merits hearing for April 2024, and granted participant status to a local resident.

The applicant appealed the Township Committee of Adjustment's refusal of six applications for consent to sever rural residential lots.

The parties reached Minutes of Settlement proposing to dismiss three appeals and approve the remaining three to facilitate lot consolidation and boundary adjustments.

The Tribunal accepted uncontested expert planning evidence that the proposal was consistent with provincial policies and conformed to official plans.

The Tribunal allowed the appeals in part and granted provisional consent subject to conditions, including rezoning the resultant lands to an Environmental Protection zone.

The appellant appealed the passing of Official Plan Amendment No. 27 by the Town of Bradford West Gwillimbury.

Following a request for review of an earlier settlement decision under section 23 of the Ontario Land Tribunal Act, the Tribunal rescinded the original order.

The parties subsequently reached a new settlement modifying policies related to the Western Gateway lands.

The Tribunal found the proposed modifications, which guide future development and intensification while addressing an existing hydro corridor, represent good planning and are consistent with provincial policies.

The appeal was allowed in part to approve the modified Official Plan Amendment.

At a Case Management Conference regarding appeals for a Zoning By-law Amendment and draft Plan of Subdivision, the Simcoe County District School Board requested and was granted Party status without objection.

The Appellant noted a recent Official Plan Amendment application and requested a further CMC to address a potential consolidated appeal.

The Tribunal scheduled a further CMC for March 28, 2023, and directed the parties to file a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the Township's refusal of consent applications to sever several properties.

The Tribunal granted party status to the County of Simcoe on consent.

The Tribunal also approved the parties' draft Procedural Order and Issues List, and scheduled a three-day video hearing for December 2022.

The Tribunal held a second Case Management Conference regarding an appeal by 2006316 Ontario Inc. from the Town of Penetanguishene's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The parties advised that a settlement in principle had been reached.

The Tribunal scheduled a one-day settlement hearing for August 23, 2022, and issued procedural directions for the filing of participant statements and settlement documents.

The applicant appealed the Township's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a residential subdivision.

At the first Case Management Conference, the parties advised that the municipalities require an Official Plan Amendment (OPA) due to a dispute over population figures.

The applicant agreed to file an OPA application.

The Tribunal scheduled a second Case Management Conference to allow the OPA application to be filed and appealed so all matters could be heard together.

The County of Simcoe appealed a Committee of Adjustment decision approving a consent application for a lot boundary adjustment on agricultural lands.

The applicant sought to sever a portion of their farm, separated by a natural heritage feature, and merge it with an adjacent vacant rural residential lot.

The Tribunal allowed the appeal and refused the consent, finding that the proposal was not a 'minor boundary adjustment' but rather the creation of two undersized agricultural lots.

The Tribunal held that the resulting parcels would not conform to the minimum 40-hectare lot size requirement in the Simcoe County Official Plan and were inconsistent with the Provincial Policy Statement's protection of agricultural resources.

The appellant appealed the passing of an Official Plan Amendment by the municipality.

Prior to the hearing, the appellant and the municipality reached a settlement regarding proposed policy modifications.

A non-appellant party opposed the settlement but was found to have no independent status to continue the appeal under the Tribunal's Rules.

The Tribunal heard expert planning evidence and concluded that the proposed policy modifications were consistent with the Provincial Policy Statement, conformed to the Growth Plan and County Official Plan, and represented good land use planning.

The appeal was allowed in part to approve the modifications.

The appellants appealed the County's Official Plan Amendment 2 (OPA 2) and the Township's failure to make a decision on related official plan and zoning by-law amendments, which would permit an Environmental Resource Recovery Centre (ERRC) in a significant woodland.

The appellants argued the facility would have negative impacts on the natural heritage system and did not qualify for exemptions under the Growth Plan.

The Tribunal found that the proposed facility would not cause negative impacts to the significant woodlands or wildlife habitat, and that the required off-site afforestation and reforestation provided appropriate compensation.

The Tribunal dismissed the appeals against OPA 2 and approved the related amendments in part, finding them consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal by Huntingwood Trails (Collingwood) Ltd. concerning a proposed 170-unit subdivision development.

The order establishes the hearing dates, procedural deadlines, and the consolidated issues list for the 25-day hearing.

The Tribunal held a Case Management Conference regarding appeals of the Township of Tiny and County of Simcoe Official Plans.

Following a recent decision by the municipalities to designate the subject lands as 'Greenlands', the appellant filed a new appeal and intends to withdraw its previous appeal of a non-decision.

The Tribunal cancelled the upcoming CMC and directed that a new CMC be scheduled to address the new appeal, its consolidation with the existing County Official Plan appeal, and the finalization of a Procedural Order and Issues List.

The parties requested a Case Management Conference to have the appeals regarding the Town of Penetanguishene's new Official Plan and the refusal of a draft plan of subdivision heard together.

The applicant is also preparing a revised application to amend the zoning by-law, anticipating a private appeal to be heard concurrently.

The Tribunal granted the request to hear the current appeals together, scheduled a follow-up Case Management Conference to finalize the Procedural Order, and set dates for a 10-day hearing on the merits.