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Moss v. Town of Bracebridge

Location:

Muskoka/Parry Sound/Haliburton


Subject:

Motion to Dismiss, Residential Development


Court:

Ontario Municipal Board


Application/issue:

Appeal from a decision of the Town of Bracebridge to pass Zoning By-law Amendment 2011-011, which rezoned lands from R1-2 to R3-18. The purpose of the By-law Amendment is to allow for the construction of 40 townhouse units on a cul-de-sac and two semi-detached dwelling units along with parkland and a storm water management facility. Counsel for the applicant brought a motion to dismiss the appeal without a hearing, pursuant to subsection 34(25) of the Planning Act.


Held:

Motion to dismiss the appeal is allowed


Reasons:

The Board finds that the appellant’s reasons for appeal are not substantiated and therefore the Board concludes from the appellant’s submissions that there would be nothing that would allow the Board, in whole or in part, to allow all or part of her appeal. There is no compelling evidence that the Town of Bracebridge failed to give proper notice as prescribed by the Planning Act of the subject application and Zoning By-law Amendment No. 2011-011, and therefore there are no technical grounds for appeal on that basis.


Document(s):