The Niagara Home Builders' Association appealed the City of Thorold's Development Charges By-law No. 46-2019, challenging the inclusion of four road projects (portions of Barker Parkway and Upper's Lane, and related intersection improvements). The appellant argued these were 'local services' and thus ineligible for development charges funding. The Tribunal found that the City's Local Service Policy takes precedence in determining DC eligibility. Based on their function, Barker Parkway and Upper's Lane were classified as Arterial Roads serving a broader community function, not just the specific subdivision. Consequently, the Tribunal ruled that the road projects and intersection improvements were properly included as DC eligible growth-related services. The appeal was dismissed.
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 30, 2023
CASE NO(S).: OLT-21-001867 (Formerly DC190020)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Niagara Home Builders' Association
Subject: Development Charges By-law No. 46-2019
Municipality: City