Judicial review granted; planning applications declared nullities under the Greenbelt Protection Act development freeze.
The applicants sought judicial review of planning applications filed by a land developer for a residential subdivision near proposed airport lands.
The applicants argued the applications were nullities under the Greenbelt Protection Act, 2004, which imposed a development freeze on lands outside urban settlement areas.
The Divisional Court agreed, finding the lands were not designated as an urban settlement area when the Act came into effect.
The court declared the applications and subsequent municipal decisions nullities, and prohibited the Ontario Municipal Board from hearing appeals related to the applications, as it lacked jurisdiction.
Attorney General of Canada v. Berrywoods Farms Inc., 2006 ONSCDC 6079
