Milovan Prelevic

The Ontario Land Tribunal held a fourth Case Management Conference regarding multiple appeals of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The Tribunal granted requests to adjourn several site-specific appeals sine die pending the completion of a land use study and ongoing settlement discussions.

The Tribunal also noted the withdrawal of certain appeals and ordered that the un-appealed portions of the zoning by-law pertaining to the Highway 11 Corridor be deemed to have come into force on the day the by-law was passed.

This was the third Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

Several appellants withdrew their appeals or party status requests.

The Tribunal scheduled future motions to consider settlement agreements for several appellants.

The Tribunal also heard and approved a settlement agreement between Appellant 13 (Northern Wide Plank Flooring Inc.) and the Township, modifying the zoning by-law to add an exception provision for the subject property, finding it consistent with provincial policies and good land use planning.

This was the second Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

The Tribunal held certain party status requests in abeyance, approved the scoping of several appeals, and established a Procedural Order and Issues List for two phased hearings.

The Tribunal also scheduled a motion for the Township to seek approval of the un-appealed portions of the by-law and inverted a previous consolidation of a site-specific appeal.

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.