The passing earlier this year of legislation aimed at boosting Ontario’s housing supply means that a neighbourhood group that was hoping to plead its case against Fort Erie’s short-term rental bylaw is no longer able to do so.
On Monday, Mayor Wayne Redekop provided an update to town council on the Ontario Land Tribunal’s dismissal of an appeal of amendments to Fort Erie’s official plan and zoning bylaws as they relate to short term rentals (STRs).
Council passed the amendment in January to permit STRs in commercial zones where residential uses are permitted, as well as the ‘R2B’ zone within the Crystal Beach neighbourhood and waterfront residential zone west of Kraft Road to the western boundary of Lake Erie.
As well, owner-occupied STRs are allowed within all residential zones where both a principal dwelling unit and an accessory or secondary dwelling unit are permitted.
Fort Erie Neighbourhood Preservation Coalition appealed council’s decision to the tribunal.
In its letter July 15 outlining the reasons for dismissing the appeal, tribunal planner and case co-ordinator Katherine Dupont pointed to Bill 185, the Cutting Red Tape to Build More Homes Act, 2024, which received royal assent on June 6.
Among other things, the act states individuals filing an appeal either be the applicant (in most case this would be the developer) or own land affected by the decision.
The neighbourhood group does not meet the second criteria, and because the merits of the appeal were not heard before April 10 — as outlined in the transitional rules of the act — the case could not be heard.
Alex Ciccone of Garrod Pickfield LLP, who represented the appellant, argued the appeal should not be dismissed because even though the group itself does not own property, it is made up of members who do.
Dupont said the rules are clear in this case and the requirement cannot be set aside, even though it would have gone ahead had the group members appealed under their own names.
On Monday, Redekop said that with the appeal dismissed council’s decision is now in effect.
However, he noted the town’s STR licensing bylaw limits the number of licences to 250 for any given year and that the limit has already been met for 2024.
Town staff will be reporting back to council early this fall on modifications to the licensing bylaw so that it aligns with the zoning and official plan amendments.