Under Ontario's Planning Act, an owner applies for a zoning by-law amendment that does not require an official plan amendment. If council makes no decision, after how many days from the clerk's receipt of the complete application may the applicant appeal to the Ontario Land Tribunal?
Correct Answer
D) 90 days
Planning Act s. 34(11) allows the applicant to appeal to the Tribunal if council fails to decide on a zoning amendment application within 90 days after the clerk receives it. Under s. 34(10.3) that period does not begin until the required information, material and fee have been provided. The longer 120-day period applies only when the application is filed with a request to amend the official plan.
Why This Is the Correct Answer
The application does not require an official plan amendment, so the general rule in s. 34(11) applies: the applicant may appeal if council has not decided within 90 days after the clerk received the complete application.
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