Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 26, 2023
CASE NO(S).: OLT-22-004690
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: James & Wanda Xuereb
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a maximum of ten shipping containers and the storage and maintenance of a maximum of four motorized personal vehicles
Reference Number: D14/XUR
Property Address: 4290 Victoria Road South
Municipality/Upper Tier: Township of Puslinch/ Wellington County
OLT Case No.: OLT-22-004690
OLT Lead Case No.: OLT-22-004690
OLT Case Name: Xuereb v. Puslinch (Township)
Heard: April 18, 2023 by video hearing
APPEARANCES:
Parties
Counsel
James and Wanda Xuereb (“Appellants/Applicants”)
Jennifer Meader
Township of Puslinch
Eric Davis
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON APRIL 18, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This case is now dismissed upon the Appellant’s withdrawal of the appeal on August 14, 2023.
2A Case Management Conference (“CMC”) was held on April 18, 2023. A written Memorandum of Oral Decision from the CMC was not issued because the Tribunal was awaiting a final Procedural Order for a Hearing on the merits of the appeal. The Parties had then advised that they were advancing in settlement discussions.
3The Tribunal subsequently received the appeal withdrawal which results in the following Order.
ORDER
4The TRIBUNAL ORDERS that the appeal is dismissed.
“Jennifer Gold”
jennifer gold
MEMBER
Ontario Land Tribunal
Website: www.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.