Ontario Land Tribunal dismisses appeal in variance application

In a December 24, 2021 decision, the Ontario Land Tribunal (the “Tribunal”) dismissed an appeal of a decision by the Committee of Adjustment (the “COA”) of the Town of South Bruce Peninsula (the “Town”) for the proposed enlargement of an existing legal non-conforming residential property located in Sauble Beach, Ontario. The Tribunal was also asked to amend the variance application (the “Application”) from what was originally before the COA.

First, the Tribunal found that the requested amendments to the Application were minor in nature. The amendments were thus permitted.

Second, with respect to the appeal of the COA’s decision, the Appellant’s position was that the Application was not desirable for the appropriate development of the property and that the Application would result in undue adverse impacts on the surrounding properties and neighbourhood.

In consideration of the Planning Act and the uncontroverted expert land use planning evidence proffered on behalf of the Town, the Tribunal found that the requested variances were a modest intensification of an existing use. Further, there was no evidence to suggest that the Application would result in any undue adverse impacts on the surrounding neighbourhood. The Tribunal therefore dismissed the appeal.

Eric Davis (Municipal, Land Use & Planning) represented the Town in this appeal.