Under Ontario's Planning Act, a developer files a zoning by-law amendment application on the same day as a request to amend the official plan, because the rezoning also needs an official plan change. If council does not decide, after how many days from the clerk's receipt of the complete zoning application may the developer appeal it to the Ontario Land Tribunal?
Correct Answer
A) 120 days
Planning Act s. 34(11.0.0.0.1) applies when a zoning amendment would also require an official plan amendment and the application is made on the same day as the request to amend the official plan. In that case a non-decision appeal is available only if council fails to decide within 120 days after the clerk receives the application. A stand-alone zoning amendment uses 90 days under s. 34(11).
Why This Is the Correct Answer
The rezoning requires an official plan amendment and was filed the same day as that request, so s. 34(11.0.0.0.1) applies and the period is 120 days after the clerk receives the application.
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