Thomasfield Homes Limited v. Whiteley
Motion to the Board to dismiss an appeal of Thomasfield’s approvals for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision pursuant to subsections 17(45), 34(35) and 51(53) of the Planning Act. Further, the appellant states that the City should require a Secondary Plan on lands surrounding the subject property; applicant be required to conduct a more detailed Environmental Impact Study; no development on southern and western portions of subject property; conditions 13, 15 and 25 should be more detailed; and development should be modified to include appropriate parkland dedication.
Motion granted, appeal dismissed
The Board found that the appeal did not disclose any apparent planning grounds upon which the plan or part of the plan that is subject to the appeal could be approved or refused by the Board. The Board stated that raising apprehensions is not sufficient to sustain an appeal, and therefore the Board grants the Motion to Dismiss on the ground enunciated under subsection (a)(i) only of subsections 17(35), 34(35) and 51(53) of the Planning Act.