Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 6, 2024

CASE NO.: OLT-22-004691

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Brian Riley
Applicant: David & Shawna Kennie

Subject: Application to Amend the Zoning By-law – Appeal of passing of Zoning By-law

Description: To permit current use of autobody repair establishment

Reference Number: Z-2022-088

Property Address: 199 Sideroad 5B

Municipality/UT: South Bruce/Bruce

OLT Case No.: OLT-22-004691

OLT Lead Case No.: OLT-22-004691

OLT Case Name: Riley v. South Bruce (Municipality)

BEFORE:

SHARYN VINCENT
VICE-CHAIR

Tuesday, the 6th day of August, 2024

THIS MATTER having come for a Case Management Conference on March 17, 2023 before the Ontario Land Tribunal (the "Tribunal") in regards to an appeal of By-law 2022-99 pursuant to s. 34(19) of the Planning Act R.S.O. 1990 c. P, 13, as amended, filed by Brian Riley, the Appellant, and the Tribunal having issued a Decision and Interim Order on April 24, 2023;

AND THE TRIBUNAL having further issued a Procedural Order on February 28, 2024, with a Hearing scheduled to commence on October 16, 2024 for seven (7) days;

THE TRIBUNAL HAVING BEEN ADVISED on July 25, 2024, by counsel for David & Shawna Kennie, the Applicant, of their intention to withdraw their Zoning By-law Amendment application, and are thus requesting that the Tribunal issue an order pursuant to subsection 34(26)(c) of the Planning Act directing Council for the Municipality of South Bruce to repeal By-law No. Z-2022-99;

THE TRIBUNAL ORDERS THAT the appeal against By-law No. Z-2022-99 of the Municipality of South Bruce is allowed, and the municipality is directed to repeal said By-law. The Hearing scheduled for October 16, 2024 for seven (7) days is therefore cancelled, and the Procedural Order issued on February 28, 2024 is no longer in force and effect.

AND THE TRIBUNAL ORDERS that it may be spoken to concerning issues arising from the implementation of this Order.

"Euken Lui"

EUKEN LUI
ACTING REGISTRAR

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.