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Tribunal approves settlement modifying Kawartha Lakes Official Plan and Secondary Plans based on uncontroverted planning evidence.
Multiple appeals were filed regarding the City of Kawartha Lakes 2012 Official Plan and its Secondary Plans.
The parties reached a settlement resolving the remaining phases of the appeals, including site-specific zoning by-law amendments and modifications to the Bobcaygeon and Omemee Secondary Plans.
Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications and amendments were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and represented good planning.
The Tribunal approved the settlement and modified the planning instruments accordingly.
Tribunal issues procedural directions and schedules further Case Management Conference for multi-phased Official Plan appeals.
This decision arises from a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes Official Plan and its Secondary Plans.
The Tribunal received status updates on the various phases of the hearing, including ongoing settlement discussions, the withdrawal of certain appeals, and the scheduling of future hearing dates.
A further Case Management Conference was scheduled to continue progressing the matters toward potential settlement prior to the merit hearing.
Application to quash expropriation by-law dismissed; municipality permitted to take preliminary steps before amending official plan.
The applicant property owner brought an application to quash a municipal by-law that commenced expropriation proceedings for its land.
The municipality passed the by-law to implement a downtown redevelopment plan that did not yet conform to its official plan.
The applicant argued the by-law violated s. 24(1) of the Planning Act.
The court dismissed the application, finding that s. 24(3) of the Planning Act permits a municipality to pass by-laws to take preliminary steps, such as seeking approval and giving notice of expropriation, before an official plan is amended.
