A municipality gives provisional consent to sever a waterfront lot. The neighbouring cottage owner, who made written submissions opposing it, wants to appeal to the Ontario Land Tribunal. Under s. 53(19) of the Planning Act, what is her position?
Correct Answer
D) She has no appeal right, because a neighbour is not among those listed
Section 53(19) allows an appeal of a consent decision or its conditions only by the applicant, the Minister, a specified person or a public body, within 20 days after notice of the decision is given. A neighbouring cottage owner is none of these; specified persons are listed entities such as utilities, railways and pipeline companies, so she has no appeal right.
Why This Is the Correct Answer
Only the applicant, the Minister, a specified person or a public body may appeal under s. 53(19), and a neighbouring owner is not one of them.
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A municipality grants consent to sever a rural lot, the conditions are fulfilled, and the clerk issues the certificate of consent under s. 53(42) of the Planning Act. The consent sets no earlier lapse date. If the sale has not been carried out, when does the consent lapse?