N.A.K. Building Services Ltd. v. New Tecumseth (Town), 2021 CanLII 135936

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 14, 2021

CASE NO(S).: PL210225

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: N.A.K. Building Services Ltd.

Subject: Application amend Zoning By-law No. 2014-126 - Refusal of Application by Town of New Tecumseth

Existing Zoning: Urban Residential (UR1)

Proposed Zoning: Urban Residential - Exception (UR3-XX)

Purpose: To permit five (5) freehold townhouse dwelling units

Property Address/Description: 27 Mill Street East

Municipality: Town of New Tecumseth

Municipality File No.: DEC No. 399

OLT Case No.: PL210225

OLT File No.: PL210225

OLT Case Name: N.A.K. Building Services Ltd. v. New Tecumseth (Town)

Heard: November 23, 2021 by video hearing

APPEARANCES:

Parties	Counsel*/Representative
N.A.K. Building Services Ltd. (Applicant/Appellant)	Kevin Thompson
Town of New Tecumseth (“Town”)	Coleen Butler
Ken Parkes	Did not appear

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON NOVEMBER 23, 2021 AND ORDER OF THE TRIBUNAL

1The Applicant has sought a Zoning By-law Amendment (“ZBA”) to permit the development of the subject property into five freehold townhouse dwelling units. The proposal involves the removal of an existing dwelling on the site with an address of 27 Mill Street East in Tottenham of the Municipality of the Town of New Tecumseth (the “Town”).

2The Town’s Development Planning Department recommended approval of the Application and, with some modifications, the Town’s Committee of the Whole subsequently also recommended approval of the Application. However, the Town’s Council refused the Application and so the Applicant appealed the matter to the Tribunal.

3Subsequent to a Case Management Conference (“CMC”) of this Tribunal, the parties entered into settlement discussions and ultimately reached a settlement which was jointly presented to the Tribunal at the present Settlement Hearing. As part of said settlement, the Applicant agreed to reduce the proposed development from five townhouse units to a maximum of four townhouse units and to relocate the proposed driveway and garage for one of the units from entering onto Mill Street East to Forestell Street.

4For the reasons that follow, the Tribunal allows the appeal in part and approves the agreed upon draft ZBA (as attached hereto as Attachment 1) pursuant to the settlement of the parties.

5It is noteworthy that Ken Parkes, an area resident who was added as a party at the CMC, did not attend the hearing nor did he otherwise make any contributions to the proceedings.

Evidence and Analysis

6Caroline Baker, qualified on consent as an Expert in Land Use Planning, provided uncontested land use planning evidence and opinion in support of the parties’ joint settlement submissions.

The Subject Property

7Ms. Baker testified that the subject property (the “Site”), being approximately 1,477 square metres (“sq m”) in size, is located in the settlement area of Tottenham, in close proximity to the downtown area, and located on the southeast corner of Mill Street East and Forestell Street. A two-storey single detached dwelling currently occupies the property with driveway access from Mill Street East.

8Ms. Baker testified that the property has well established pedestrian connections, with sidewalks on both sides of Mill Street East and on the eastern side of Forestell Street, connecting to Keogh Park, Tottenham Public School and the downtown area of Tottenham.

9Ms. Baker further testified that the immediate area surrounding the Site is characterized as low density residential, with dwellings fronting Mill Street East and Forestell Street. Approximately 75 metres (“m”) to the west of the Site is the downtown area of Tottenham, which includes a range of retail, office and service commercial uses. To the immediate north of the Site is the Tottenham United Church.

Policy Framework

[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

10Section 2 of the Planning Act (the “Act”) outlines matters of provincial interest which the Tribunal “shall have regard to” in making decisions. Ms. Baker opined that a decision to approve the application (as revised through the settlement) has due regard to such matters, including subsection (e) the supply, efficient use and conservation of energy and water, h) the orderly development of safe and healthy communities, j) the adequate provision of a full range of housing, including affordable housing and r.ii) encourages a sense of place.

11The Tribunal accepts the above opinion and comes to the same conclusion.

12In coming to this conclusion, the Tribunal confirms that it has also had due regard for the information and material that was before Council and decision to support the modified ZBA, in accordance with s. 2.1 of the Act.

Provincial Policy Statement, 2020

13The Provincial Policy Statement, 2020 (“PPS”) is a province-wide policy document that sets out the government’s land use vision for the built environment and the management of land and resources. The overarching intent of the PPS is to “provide for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment”.

14Ms. Baker drew the Tribunal’s attention to various sections of the PPS, including section 1.1.1 which outlines the general policies for the development of efficient and resilient land use patterns and growth. Specifically, Section 1.1.1 outlines the policies to create sustainable, healthy, liveable and safe communities, including:

b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;

c) avoiding development and land use patterns which may cause environmental or public health and safety concerns;

e) promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs;

15Section 1.1.2 states that sufficient land shall be made available through intensification and redevelopment. Sections 1.1.3.1 and 1.1.3.2 states that growth and development shall be focused to settlement areas and that land use patterns in these areas shall be based on densities and a mix of land uses which efficiently use land and resources.

16Section 1.4.3 states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected market-based and affordable housing needs of the area by permitting and facilitating all housing options to meet the social, health, economic well-being of current and future residents and all types of residential intensification with supportive development standards.

17Section 1.7.1 of the PPS provides a detailed list of policies to support long-term economic prosperity in the province, including a dynamic market-based housing supply and optimizing the long-term availability and use of land, resources, infrastructure and public service facilities.

18Ms. Baker opined that the application (as revised through the settlement) is consistent with the PPS and policies outlined above in particular. She opined that the proposed development represents an efficient use of land that can be supported by existing infrastructure, including transportation infrastructure, municipal services and community facilities. She opined that the design and layout ensures that the site achieves a balanced density that is compatible with the range of densities in the immediate area, while also providing an appropriate level of landscaping, private outdoor amenity areas and off-street parking.

19Additionally, Ms. Baker opined, the proposed development can be accommodated within the existing transportation infrastructure, and the location has direct access to a collector road that connects to the broader community and is located on an existing transit route. Ms. Baker noted that the Traffic Impact Study concluded that there are no issues with the proposed driveway access onto Mill Street East and no additional infrastructure improvements are recommended within the study area as a result of the proposed development.

20The Tribunal accepts the above evidence and opinions and comes to the same conclusion.

Growth Plan for the Greater Golden Horseshoe, 2019

21The Growth Plan of the Greater Golden Horseshoe, 2019 (“Growth Plan”) establishes a land use planning framework that supports complete communities, a thriving economy, a clean and healthy environment, and social equity. The Growth Plan states that “building compact and complete communities, and protecting agricultural lands, water resources and natural areas will help reduce greenhouse gas emissions and ensure communities are more resilient to the impacts of climate change.” This section encourages the optimization of existing urban land supply so municipalities will avoid over-designating land for future urban development.

22Ms. Baker testified that the subject property is located within the “Delineated Built-Up Area” of the Growth Plan. Section 2.2.1.2 c) i) states that within settlement areas, growth will be focused to delineated built-up areas. Section 2.2.1.4 c) further states that these areas will provide a diverse range and mix of housing options to accommodate all stages of life, household sizes and incomes. Ms. Baker testified that a compact urban form is promoted within built-up areas according to the Growth Plan.

23Ms. Baker opined that the proposed ZBA (as modified) and settlement conform with the Growth Plan by allowing development that is an efficient use of land that can be supported by existing infrastructure, including transportation infrastructure, municipal services and community facilities. Furthermore, she opined that the proposed development will assist the Town in achieving the required density targets and proportion of new development that is to occur through intensification. Ms. Baker noted that the Growth Plan gives priority to development within the Built-up Area that has access to existing municipal services, infrastructure and community amenities.

24The Tribunal accepts the above evidence and opinions and comes to the same conclusion.

County of Simcoe Official Plan, 2013

25Ms. Baker testified as follows with respect to the County of Simcoe Official Plan (“County OP”).

26The County OP applies to sixteen Towns and Townships which constitute the County of Simcoe. The County OP is a broad policy document implemented through the local municipal official plans and zoning by-laws to provide for long-term planning of infrastructure, natural environment, economic development, capital budgets and human services.

27The County OP designates the subject property as “Settlements” (Schedule 5-1) and within the “Built Boundary” (Figure 5a and 5b). Schedule 5.4.2 identifies the Site as forming part of the “Wellhead Protection Area”, Schedule 5.5.2 illustrates a “Potential GO Station” in Tottenham and Schedule 5.6.2 identifies two former municipal landfill sites in Tottenham.

28As part of the growth management strategy, the County OP states in Section 3.1 that a significant portion of growth and development is directed to settlements, where it can be more economically serviced, with a particular focus on primary settlement areas. The form of development in settlement areas shall be based on the specific density targets for each lower-tier municipality, per Section 3.5.23. The County OP states that, for the Town of New Tecumseth, 40% of new residential growth shall be achieved through intensification in the built-up area.

29Policy 3.5.26 states that settlement areas shall be the focal point of residential, commercial and institutional uses through the following:

• Establishing safe and pleasant pedestrian environments which encourage movement by foot and bicycle and transit
• Protection of heritage buildings and structures
• Development of attractive streetscapes
• Encouragement of downtown economic development initiatives
• Development of a range of housing types and costs

30As per section 3.5.30, residential uses will include a range of housing types, from single detached dwellings to apartment units, along with a mix of affordable housing.

31Section 4.9 of the County OP provides policies related to development applications in proximity to an existing or closed landfill site. Section 4.9.10 states that the Ministry of Environment D-4 guidelines are the best tool to regulate land uses near landfills, and the guidelines provide that the general influence area is 500 m from a landfill site. Where development is proposed within the D-4 Assessment Area of a local municipality owned waste disposal site, the local municipality will determine the need for D-4 Studies and peer reviews.

32Based on the above policies, Ms. Baker opined that the proposed ZBA (as modified) and corresponding settlement conform to the County OP. She testified that the subject property is located in a serviced urban area, intended to accommodate the full range of urban uses with municipal services and, furthermore, the County OP requires that 40% of all new residential development in the Town of New Tecumseth occur through intensification. She opined that the proposed development will assist in achieving this target.

33She further opined that the proposed development will provide for a greater range and mix of residential uses in the core area of Tottenham, which features nearby access to parks, schools and the amenities of the area. Additionally, the proposed residential use addresses Section 3.5.26 of the County OP by providing strong pedestrian connections, contributing to an attractive streetscape, and supporting the downtown.

34Regarding the former landfill sites, Ms. Baker testified that ECOH Management Inc. prepared a D4 Landfill Impact Assessment for the proposed development and concluded that the two closed waste facilities have no impact on the proposed development due to the Site’s higher elevation and inferred hydraulically up-gradient position.

35The Tribunal accepts the above evidence and opinions and comes to the same conclusion.

Town of New Tecumseth Official Plan, 2019

36Ms. Baker testified as follows with respect to the Town of New Tecumseth Official Plan (“OP”).

37The OP establishes the goals and objectives for development in the Town and the policy framework to provide for sustainable growth and community improvement. The OP identifies the Site as follows:

Schedule B-3: “Urban Residential”

Schedule D-1: “Settlement Area Boundary” and “Local Road”

Appendix C1: Wellhead Protection Areas - WHPA B (2 Year Zone)

38General OP objectives include the reinforcement of Beeton and Tottenham as residential communities and as secondary commercial and industrial centres (Section 2 b) iii)). Design and liveability goals for the urban areas include protecting and enhancing settlement areas as diverse, livable, safe, thriving and attractive communities (Section 2.2 a).

39Objectives for urban areas include (Section 2.2 b):

i) Ensure that the character and stability of existing and well-established residential neighbourhoods are maintained and enhanced by ensuring that development and redevelopment is compatible, in terms of built form, character, scale and density;

v) Ensure that neighbourhoods are compact and pedestrian-friendly, with a mix of housing types, community facilities and open spaces.

vi) Foster a sense of civic identity and pride through a high standard of urban design in all future developments that considers:

• The sensitive integration of new development with existing development.

vii) Ensure that new development is appropriately integrated into the fabric of the existing communities;

40Section 2.5 of the OP provides goals and objectives for housing in the Town, including the creation and supply of a mix of housing types and densities appropriate for diverse consumers, different age groups, household sizes and affordability levels. Within delineated built-up areas, the OP requires that a substantial amount of all future development will be accommodated through intensification, with a minimum of 40% of all new development through intensification (Section 3.2 d) i)). Development through intensification within the existing Urban Residential neighbourhoods will be limited and include compatible development on vacant lots, minor infilling and secondary units.

41Within the settlement area policies, Section 5.2.1 c) vii) and f) encourage higher densities to maximize the use of infrastructure and a greater housing mix to accommodate varying needs of the community.

42Uses permitted within the Urban Residential designation may include:

• Low-Rise residential uses such as detached, semi-detached, duplex, townhouse and multiple dwellings
• Mid-Rise residential uses such as townhouses, multi-unit buildings and apartment buildings

43Infill development within established residential neighbourhoods is addressed in Section 5.2.2 f), stating that is shall be encouraged, provided Council is satisfied that:

i. the proposed development including built-form, massing and height, is compatible with the character of the adjacent properties;

ii. new buildings and additions are designed in a manner that is sensitive to the location, massing and height of the adjacent buildings;

iii. a suitable transition in lot sizes, building forms and heights is provided from adjacent development;

iv. existing trees and vegetation will be retained and enhanced where possible and additional landscaping will be provided to integrate the proposed development with the existing neighbourhood;

v. the proposed development will not create a traffic hazard or an unacceptable increase in traffic on local roads;

vi. significant views and vistas which help define a residential neighbourhood are preserved; and,

vii. adequate parking is available on the lot for dwelling units, as identified in the Zoning By-law;

44Section 7.1 of the OP provides detailed design policies for public and private development, including building design, roads, streetscapes, lighting, parking and landscaping. When designing new buildings, they should achieve a complementary design to existing buildings, while providing for a diversity in architectural styles, materials and colours. The principal building facades should address the public street, with corner lots addressing both public frontages. The design of all buildings shall provide for pedestrian safety and direct street access, including massing that is of a pedestrian scale. They shall encourage recessed garages into the front yard, beyond the main building wall.

45Section 7.1.8 h) states that new development and redevelopment within residential neighbourhoods shall generally be compatible with adjacent land uses and the following factors shall be considered:

i. The relationship between the massing and height of existing and proposed buildings;

ii. The location of established building lines;

iii. The placement of existing and proposed buildings on a lot in relation to the street and lot lines;

iv. The lot coverage and floor area ratio of existing and proposed development;

v. The nature of the existing and proposed exterior building materials and architectural elements; and,

vi. The location of driveways, private garages and trees.

46Ms. Baker opined that the proposed ZBA (as modified) and corresponding settlement conform to the OP given that the Urban Residential land use designation permits a full range of housing types and densities, the proposed development provides for freehold townhouse dwellings which ensures that a variety of housing opportunities are provided in Tottenham, while matters related to land use compatibility are addressed.

47Ms. Baker further opined that that the proposed development and the implementing ZBA (as modified) conform to the policies of the OP because:

• The Site is located within an existing built-up area and the proposed development represents an opportunity for intensification and meeting the intensification targets prescribed in the County OP and OP;
• The Site is well situated to provide access to area parks, shopping and employment, supporting the proposed density;
• The proposed townhouses will contribute to a mix of housing types in the central area of Tottenham, which has traditionally been single family homes and converted dwellings;
• The proposed development provides residential dwellings that are two storeys in height, which is consistent with the prevailing building heights in the immediate area;
• The proposed building heights, setbacks, lot coverage and required landscaping generally comply with the applicable Zoning By-law regulations to ensure a consistent street wall, protection of privacy and contribute to maintaining the character of the area;
• The proposed development integrates with the existing built-form of the area, maintaining a consistent street wall, addressing both street frontages, continuing the residential uses, providing private rear yard amenity areas, all while providing for a modest increase in density to provide alternative housing forms that assist with intensification targets;
• The front face of the development is oriented to Mill Street East, recognizing the road as a prominent street frontage as a collector road leading to the downtown;
• The proposed development addresses matters related to privacy and overlook with an increased rear yard setback, the installation of a privacy fence and the orientation of the rear yards to the side yard of the adjacent dwelling on Forestell Street;
• The proposed eastern end unit includes a 5.5 metre side yard setback to the adjacent property, and greater setback than is required in the Zoning By-law for street townhouses (3.0 metres);
• Access to the proposed dwelling units, being oriented to Mill Street East and Forestell Street, provide for a strong pedestrian connection and informal surveillance;
• The Site has access to existing and proposed municipal services;
• The Site is suitable for development, with minimal alteration to the landscape as the land does not contain any natural features and is relatively flat;
• Suitable access is available for all lots to an existing road; and,
• Matters related to wellhead protection and proximity to former landfill sites have been addressed.

48The Tribunal accepts the above evidence and opinions and comes to the same conclusion.

Town of New Tecumseth By-law 2014-126

49Ms. Baker testified as follows with respect to the Town of New Tecumseth Zoning By-law No. 2014-126 (the “By-law”).

50The By-law zones the Site as “Urban Residential Zone (UR1)”. To permit to the proposed development, a Zoning By-law Amendment is required to rezone the Site to “Urban Residential Zone (UR3)”, which permits “Street Townhouse Dwellings”.

51The following table outlines the applicable zoning regulations in the UR3 Zone and the compliance of the Development, as contemplated in the Settlement.

Regulation	UR3 Requirement	Proposed Development	Compliance
Minimum Lot Area	250 sq.m.	End Lot = >250 sq.m. Interior Lot = 190 sq.m.	Yes No
Minimum Lot Frontage (Corner Lot)	10.0 m	12.7 m	Yes
Minimum Lot Frontage (Interior Lot)	6.0 m	6.0m	Yes
Minimum Front Yard	7.0 m	6.0 m	No
Minimum Exterior Side Yard	4.2 m	4.5 m	Yes
Minimum Interior Side Yard	3.0 m	5.5 m	Yes
Minimum Rear Yard	7.5m	7.5 m	Yes
Maximum Lot Coverage	50%	23% to 44%	Yes
Maximum Height	11.0m	7.6m	Yes
Minimum Off-Street Parking	2 spaces/unit	2 space/unit	Yes
Maximum Number of Attached Street Townhouses	8	4	Yes
Minimum Dwelling Unit Area	70.0 sq.m. (GFA)	Approx. 180 sq.m.	Yes

52Ms. Baker opined that the UR3 Zone is appropriate for the Site, providing for modest intensification within the central area of Tottenham. The lands to the immediate west of the Site are zoned as a transitional zone to the core area and allow a mix of land uses. The redevelopment of the Site for four townhouses will contribute to the general transition from low density residential on the east to the core area on the west.

53Ms. Baker further opined that the proposed development, including proposed building setbacks, landscaping and fencing, will ensure that privacy for both existing and new dwelling units is provided. The end unit on the east side provides an enhanced side yard setback of 5.5 m, whereas a minimum setback of 3.0 m is required. This exceeds the side yard setback of 1.2 m that would be required if a single detached dwelling where constructed on the Site and, through the Site Plan Approval process, fencing will be required along the property line. Only one proposed dwelling will be visible from the side and rear yard of the adjacent single detached dwelling to the east, further reducing concerns related to privacy and overlook.

54Ms. Baker further opined that the proposed development will not result in any negative impacts on privacy and overlook on the existing single detached dwelling on Forestell Street. The Proposed Development’s rear yard, which exceeds the requirements in the Zoning By-law, abuts the side yard of the existing dwelling where there is no private amenity space. In combination with a proposed fence, matters related to privacy and overlook have therefore been addressed.

55Ms. Baker further opined that the proposed development complies with the required off-street parking requirements, providing two parking spaces per unit. For visitors, there is existing on-street parking on both sides of Mill Street East as well as on the east side of Forestell Street. Furthermore, the TIS concluded that safe vehicular access can be provided to the proposed lots, as setback from the right-of-way.

56Ms. Baker notes that a reduction in the required lot area for the interior lots is requested through the application from 250 sq m to 190 sq m. However, it is her opinion that the proposed reduction meets the general intent of the zoning regulation and conforms to the OP as lots provide the necessary supportive site features including amenity area, rear yard setback and off-street parking, while complying with the required lot coverage. Furthermore, with larger lot area sizes for the end units, the average lot size within the proposed redevelopment is 369 sq m. Furthermore, all four lots provide a lot coverage that is below the maximum permitted.

57Ms. Baker further opined that the requested reduction in the required front yard setback from 7 m to 6.0 m meets the intent of the required setback and conforms to the policies in the OP. The proposed 6.0 m front yard setback provides sufficient land area for an off-street parking space, a front porch and a landscaped area. The reduced setback, while minor in nature, provides for a consistent street wall along Mill Street East and maximizes land area provided to private rear yard amenity areas.

58The Tribunal accepts the above evidence and opinions and comes to the same conclusion.

Town of New Tecumseth Zoning By-law, 2021

59Ms. Baker noted that the Town of New Tecumseth adopted a new comprehensive Zoning By-law on September 13, 2021. The new By-law continues to zone the Site as “Urban Residential Zone (UR1)”; however, the range of uses permitted within the UR1 Zone have been expanded to bring the By-law into conformity with the OP.

60The Town has received two appeals to the new By-law and, as such, it is not in full force and effect. It is also noteworthy that the appeals filed do not relate to the UR1 Zone or the associated applicable provisions.

61Ms. Baker drew the Tribunals’ attention to the fact that the UR1 Zone in the new By-law permits street townhouses, stacked townhouses and block townhouses as-of-right. The proposed development is therefore substantially permitted pursuant to the new By-law and, in Ms. Baker’s opinion, is in keeping with the direction in the new By-law to provide for compatible forms of residential development within the UR1 Zone.

62The Tribunal has reviewed the provisions of the new By-law and finds that the proposed development would likely only require a minor variance for a reduction in the interior lot area from 225 sq m to 190 sq m to permit the proposed development. While the new By-law is not in full force or effect, and therefore not applicable to the current matter before the Tribunal, it is nevertheless noteworthy that the proposed development is substantially in conformity with it.

Participant Statement – Ian Logan

63The Tribunal has reviewed and considered the participant statement of Ian Logan. The Tribunal finds that the statement is based on the original development proposal of five townhomes, and most of the concerns expressed by Mr. Logan have been addressed by way of the settlement between the parties. Any other concerns have either been refuted through the evidence of Ms. Baker or are deemed acceptable by the Tribunal in the present case.

Summary and CONCLUSION

64The Tribunal accepts the evidence and opinions of Ms. Baker and accordingly finds that the proposed ZBA (as modified) and corresponding settlement are appropriate, represent good land use planning and are in the public interest as they provide for modest intensification within the built-up area.

65In summary, the Tribunal finds that:

• The proposed development will provide for the efficient use of land within the built boundary that has been identified for residential development and that can be serviced and supported by the existing transportation infrastructure;
• The proposed development is compatible with the surrounding land uses, which are primarily characterized as low density residential;
• The proposed development is consistent with the PPS, providing for infill development on land that is centrally located and has access to community services, shopping and employment opportunities;
• The proposed development conforms to the policies of the County OP and Town OP and the permitted residential uses and densities;
• The proposed development generally complies with the established zoning regulations for townhouse dwellings;
• The proposed site-specific zoning regulations maintain the intent of the Zoning By-law and do not create land use compatibility issues, including impact on privacy, overlook and safe access;
• The proposed development is of a sufficient land area to accommodate the necessary supporting site functions, amenity areas, off-street parking and setbacks to maintain privacy;

and, as such, the proposed development is consistent with PPS and conforms to the Growth Plan, County and Town OPs.

66Through the settlement, in which the number of dwelling units have been reduced to increase the individual lot areas and the side yard setback to the adjacent residential use to the east, the Tribunal further finds that the proposed development is also in keeping with comments from Council.

ORDER

67THE TRIBUNAL ORDERS that the appeal is allowed, in part, and By-law No. 2014-126 is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of Town of New Tecumseth to assign a number to this by-law for record keeping purposes.

“K.R. Andrews”

K.R. ANDREWS

MEMBER

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.