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Adjournment granted to allow parties to finalize imminent settlement in minor variance appeal.
The parties requested an adjournment at the commencement of a two-day merit hearing concerning a minor variance appeal, indicating that a settlement was imminent but required further due diligence.
The Tribunal granted the adjournment, noting the complexity of the case, and scheduled a new two-day merit hearing out of an abundance of caution in case the settlement does not fully materialize.
Appeals allowed and planning instruments approved to facilitate residential severance based on parties' settlement.
The appellants appealed the Town's refusal of an Official Plan Amendment and Zoning By-law Amendment, and its failure to make a decision on a Consent application, to facilitate the creation of a new residential lot.
Prior to the hearing, the parties reached a settlement supporting the proposal.
Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal was consistent with provincial policies, conformed to regional and local official plans, and represented good planning.
The appeals were allowed, the amendments were approved, and provisional consent was granted subject to conditions.