Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 29, 2024
CASE NO(S).:
OLT-23-000311
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant
minicounsel
Crystal Bay Cottages Inc. v. Fort Erie (Town), 2024 CanLII 40924
Case Summary
The applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit the development of eight new residential units on a waterfront property. The Tribunal considered issues related to stormwater management, environmental impacts, and conformity with local land use planning policies. While finding that a holding provision could address stormwater and environmental concerns, the Tribunal ultimately dismissed the appeal. The Tribunal concluded that the proposed urban form of development was uncharacteristic of the surrounding hodgepodge cottage country, did not harmoniously integrate into the waterfront community, and failed to conform to the Town's Official Plan and the Crystal Beach Secondary Plan.