The Town of Carleton Place brought a motion to dismiss an appeal by Pegasus Development Corporation regarding Official Plan Amendment No. 8.
The Town argued that Pegasus lacked standing under s. 17(36) of the Planning Act because it did not make oral or written submissions to Council before the amendment was adopted.
Pegasus contended that its communications with senior municipal staff should be considered submissions to Council under the law of agency.
The Tribunal held that ad hoc meetings and emails with planning staff outside the formal public meeting process do not satisfy the strict statutory requirement of making submissions to Council.
The motion was granted and Pegasus's appeal was dismissed, with leave to request party status to shelter under another valid appeal.