Monique Gill

The South Bracebridge Environmental Protection Group appealed the Town of Bracebridge's approval of an Official Plan Amendment and Zoning By-law Amendment to facilitate the development of a private school complex.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement and conforms with the applicable Official Plans, provided that the minimum buffer for wetlands and watercourses is increased from 15m to 30m.

The Tribunal also required the inclusion of a holding symbol that can only be lifted after site-specific environmental impact statements, including comprehensive amphibian and bat surveys, demonstrate no negative impacts on significant wildlife habitat.

The appeal was allowed in part to implement these amendments.

The applicant sought costs of $153,858.95 against a residents group following a settlement hearing for a subdivision development.

The applicant argued the residents group acted unreasonably by pursuing meritless planning arguments and failing to call engineering evidence.

The Tribunal dismissed the motion, finding the residents group participated reasonably, complied with procedural orders, and advocated in good faith.

The Tribunal emphasized its cautious approach to costs against citizens to avoid a chilling effect on public participation in the planning process.

The appellant appealed the Town of Milton's adoption of an Official Plan Amendment and a Zoning By-law Amendment that permitted a mixed-use development.

The parties reached a settlement and presented revised instruments to the Tribunal.

Based on uncontroverted expert planning evidence, the Tribunal found the revised development consistent with provincial policies and local official plans.

The Tribunal allowed the zoning appeal in part to implement the settlement and confirmed the withdrawal of the official plan appeal, bringing it into effect.