Question
Planning act: https://www.ontario.ca/laws/statute/90p13#BK34 1. Which subsection of the Planning Act allows the Ontario Land Tribunal to dismiss an appeal related to a zoning by-law amendment
Planning act: https://www.ontario.ca/laws/statute/90p13#BK34
1. Which subsection of the Planning Act allows the Ontario Land Tribunal to dismiss an appeal related to a zoning by-law amendment without holding a hearing, if the reasons for the appeal do not disclose any land use planning ground on which the Tribunal could allow the appeal?
2. Fill in the blank with the "test" or action word that applies when assessing a privately-initiated planning application against the following (3 marks):
- Growth Plan Test:
- Provincial Policy Statement Test:
- Matters of provincial interest Test: For each of the following "Scenarios" indicate which "Principle/Concept" is engaged/applies (5 marks):
3. For each of the following "Scenarios" indicate which "Principle/Concept" is engaged/applies (5 marks):
Principle/Concept
- Clergy Principle
- People Zoning
- Legal Non-Complying
- Legal Non-Conforming
Scenario
- A municipality passes a by-law defining "office use" as, "a place where professional services, business, or enterprise is conducted and all individuals working there are employed by a single entity".
Principle/Concept:
- A developer submits an application consisting of an official plan amendment, zoning by-law amendment, and draft plan of subdivision. The municipality insists that the application is premature until an ongoing study has been concluded and appropriate policies have been developed and adopted to implement the study.
Principle/Concept:
- A cottage is constructed setback 20 metres from the high water mark of a lake, in accordance with the in-force zoning regulations. The municipality subsequently amends the zoning by-law to require a 40 metre setback from the high water mark of a lake.
Principle/Concept:
- A zoning by-law permits a home occupation use in any detached dwelling in the municipality. Only a resident of the dwelling and his/her spouse are permitted to work at the home occupation.
Principle/Concept:
- A property was legally used for an industrial manufacturing facility. It caught on fire and burned down. While the building was being reconstructed, the municipality amended the zoning by-law to prohibit industrial manufacturing on the property.
Principle/Concept:
4. What section and subsection of the Planning Act allows the Minister to declare that a matter of provincial interest might be affectedby an appeal to the Tribunal related to an official plan?
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