The appellant appealed the Committee of Adjustment's refusal of consent and minor variance applications to divide a residential property into three lots and construct three detached dwellings.
Prior to the hearing, the parties reached a settlement to revise the proposal to divide the property into two lots and reduce the requested variance relief.
Based on the uncontested expert planning evidence, the Tribunal found that the revised proposal fits the physical character of the neighbourhood, satisfies the criteria for consent under section 51(24) of the Planning Act, and meets the four tests for minor variances under section 45(1).
The appeals were allowed and the revised consent and variances were approved subject to conditions.
