6 total
Appeals for residential development dismissed due to failure to meet mandatory cold-water stream setback.
The appellant appealed the Town's refusal of an Official Plan Amendment and Zoning By-law Amendment, and the County's failure to make a decision on a Draft Plan of Subdivision, to permit a residential development including detached dwellings and apartment blocks.
The Tribunal found that while the proposed density was appropriate and the environmental features were generally adequately protected, the proposal failed to conform to the County Official Plan's mandatory 30-metre setback from a cold-water stream.
As no application to amend the County Official Plan was before the Tribunal, the appeals were dismissed.
The court granted the applicant's motion to convert a property dispute application into an action due to complex issues and disputed facts.
This motion concerned a property dispute where the applicant sought to convert an application into an action.
The court granted the motion, finding that the case involved material facts in dispute, complex issues requiring expert evidence, credibility assessments, and a need for pleadings and discoveries.
The conversion was deemed in the interests of justice, providing the respondent with the opportunity to pursue summary judgment and ensuring a more suitable procedural framework for the complex issues involved.
The court also indicated it would case manage the proceeding with strict deadlines.
Tribunal approved the Procedural Order and Issues List for a nine-day hearing on subdivision appeals.
The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the Town's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.
The Tribunal approved the draft Procedural Order and Issues List on consent, noted a change in representation for the County, and confirmed the scheduling of a nine-day hearing.
Participant status granted and future hearing dates scheduled at first Case Management Conference.
This was the first 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 granted participant status to a neighbouring property owner.
On consent of the parties, the Tribunal scheduled a second Case Management Conference and a nine-day hearing on the merits.
Tribunal approves settlement for 46-unit townhouse development, finding it represents good land use planning.
The applicant appealed the municipality's refusal of a Zoning By-law Amendment application to permit a 46-unit townhouse development.
Prior to the hearing, the parties reached a settlement.
The Tribunal allowed the appeal in part, finding that the proposed development and draft Zoning By-law Amendment were consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and represented good land use planning.
Tribunal finalizes procedural order and denies appellants' request to add new issues at third CMC.
The Ontario Land Tribunal held a third Case Management Conference regarding an appeal of an Official Plan Amendment that would permit limited retail and commercial uses in an agricultural area.
The Appellants sought to add seven new issues to the previously scoped issues list.
The Tribunal denied the request, noting the issues had been scoped by the Appellants' former counsel and the purpose of the CMC was to finalize the Procedural Order.
A two-day video hearing was scheduled for June 2023.
