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Motion to dismiss fee appeal denied; Tribunal has jurisdiction over engineering administration fees under Planning Act.
The County of Brant brought a motion to dismiss an appeal by the appellant regarding an Engineering Administration Fee of $775,879.67 levied during a draft plan of subdivision approval process.
The County argued the fee was imposed under the Municipal Act and thus outside the Tribunal's jurisdiction under s. 69(3) of the Planning Act.
The Tribunal found that the fee evolved from previous by-laws as a fee for processing a planning application and therefore fell within its jurisdiction.
The motion to dismiss was denied, and the appeal was scheduled for a hearing on the merits.
Party status granted on consent at first Case Management Conference for subdivision appeals.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2623841 Ontario Inc. and MLB Holdings Ltd. against the County of Brant's failure to make a decision on zoning by-law amendment and draft plan of subdivision applications.
The Tribunal granted party status to Paris Grand Estates Inc. on consent.
A second Case Management Conference was scheduled to allow the County time to review the applicant's intended resubmission.
