PLAN471 Lecture 12: PLAN 471 Lecture Wednesday March 30
3 Apr 2016
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Document Summary
Appealed the by-law as well as a complaint. Paid dc under protest, got his building permit. Appealed under s20 complaint and s14 by-law. London erred in application of dc and omb should amend by-law to give a credit for demolition, because it is replacing three old units with three new units. Dc is based on type of unit single, duplex, triplex, apartment etc. Under a complaint the board is only evaluating the application of the by-law, not the merits of it. Board held that it did not meet four tests for dc allowed the appeal and refunded the money, credit for demolition. Range of issues to be dealt with during an appeal of a dc by-law. By-law gave credit only if the demolished buildings were replaced within 24 months. 3 lots with former houses on them, vacant for years prior to proposal to build 3 new units.
