2 total
Appeals dismissed; consents to sever property for two new residential lots granted with conditions.
The appellant appealed the approval authority's decision to grant two consents to sever the applicant's property to create two new residential building lots.
The appellant argued that the existing right-of-way was not intended for vehicular traffic and that the new lots would overburden the access route.
The Tribunal preferred the expert land use planning evidence of the applicant, finding that the proposed consents were consistent with the Provincial Policy Statement, provided appropriate access, and would not create safety issues.
The appeals were dismissed and the provisional consents were granted subject to conditions.
Consents for new lots denied as premature due to unresolved dispute over right-of-way access.
The applicants sought to sever their waterfront property to create two new residential lots, which would be accessed via an existing right-of-way over the appellant's adjacent property.
The appellant appealed the Planning Board's decision granting the consents, arguing the right-of-way was restricted to pedestrian use and could not be used for vehicular access to the new lots.
The Tribunal found that while it lacked jurisdiction to determine the legal rights over the right-of-way, the unresolved access dispute meant the proposed lots lacked certain access.
Relying on the applicants' own land use planning expert, who conceded it is premature to create lots without access, the Tribunal concluded the consents were premature under s. 51(24) of the Planning Act and allowed the appeal.
