Nicholas Lovell

The Municipality of Northern Bruce Peninsula passed a zoning by-law amendment to add a definition of a 'Commercial Tour Boat Operation' and include it as a permitted use in all C1 zones.

The Big Tub Harbour Citizens Committee appealed, arguing the use was incompatible with the existing residential community along Big Tub Road.

Bruce Anchor also appealed regarding parking provisions, which were settled prior to the hearing.

The Tribunal dismissed the Citizens Committee's appeal, finding that the amendment conforms to the Official Plan, represents good land use planning, and is in the public interest, as commercial tour boat operations have historically operated from the subject properties and provide important tourism and employment opportunities.

At a Case Management Conference regarding appeals against a Zoning By-law Amendment passed by the Municipality of Northern Bruce Peninsula, the Tribunal granted participant status to nine individuals on consent.

The parties indicated ongoing without-prejudice discussions to resolve or define issues.

The Tribunal ordered a status update by December 22, 2023, and scheduled a ten-day video hearing to commence on January 27, 2025.

The applicant appealed the Committee of Adjustment's refusal of a minor variance application to permit the reconstruction and expansion of an existing boathouse.

The parties reached a settlement reducing the proposed height of the boathouse.

The Tribunal allowed the appeal and authorized the variance subject to conditions, finding that the proposal was consistent with the Provincial Policy Statement, maintained the general intent of the official plan and zoning by-law, was desirable, and was minor in nature.

A Case Management Conference was held regarding appeals of a Niagara Escarpment Commission decision granting conditional approval for a development permit to relocate a portion of North Shore Road.

The Commission advised it would not participate as it believed the appeals related to a portion of the road outside its jurisdiction.

Several participant requests were granted.

Due to the number of parties and lack of clarity on whether their concerns fell within the Commission's jurisdiction, the Tribunal scheduled a further Case Management Conference to allow the parties to meet, determine if they wish to pursue the appeal, and frame their issues appropriately.

The Escarpment Biosphere Conservancy appealed the Municipality of Northern Bruce Peninsula's approval of a zoning by-law amendment that permitted the development of a cottage, detached garage, and septic system on lands within the Zinkan Island Cove Area of Natural and Scientific Interest.

The appellant argued that the applicant failed to demonstrate that the development would have no negative impacts on the natural features or their ecological functions, as required by the Provincial Policy Statement.

The Tribunal dismissed the appeal, preferring the evidence of the applicant's and municipality's experts, who concluded that the development, restricted to a previously disturbed building envelope with mitigation measures, would have no negative impacts on the alvar habitat or other natural heritage features.