MTO Jurisdiction On Residential Development Limited

In a decision released April 28, the Superior Court of Justice hasruled that a permit from MTO is not required for residentialdevelopment within 800 metres of a controlled access highway.InEssex 143 Joint Venture Ltd. v. HMQ in Right of Ontario - MTO,the applicant sought a declaration that it did not require thepermission of MTO for its proposed development which was located within800 metres of King's Highway 3 in the Town of Essex.  Thedevelopment proposed 400 units, along with commercial and otherdevelopment.The MTO took the position that a permit was required from it under section 38(2) (f) of thePublic Transportation and Highway Improvment Act. This section requires a permit where land is proposed to be used for"shopping centre, stadium, fair ground, race track, drive in theatre orany other purpose that causes persons to congregate in large numbers".The Applicant took no issue that its commercial development requireda permit, but argued that the residential development did not fallwithin the uses listed in 38(2)(f).  The Court agreed, and granteda declaration that residential development is not a use of land whichrequires a Minister's approval under 38(2) (f). It is important to note that this declaration applies only 38 (2)(f) and does not affect the MTO's jurisdiction under other sections,such as roadside control.The decision can be found at http://shorl.com/bolaprutadygi