Question: Your client wants to make an application for an official plan amendment and zoning bylaM.r amendment to allow for a drive through restaurant on its

 Your client wants to make an application for an official plan

amendment and zoning bylaM.r amendment to allow for a drive through restaurant

Your client wants to make an application for an official plan amendment and zoning bylaM.r amendment to allow for a drive through restaurant on its property. At the preconsultation meeting with the municipality, staff indicated that the City is about to start a study looking at the impact of drive throughs in the City and determine what new official plan policies should be adopted. The study, which is expected to take about a year to complete, will likely result in a publicly initiated official plan amendment. Until this study has been completed and the implementing OPA has been adopted, staff are of the View that your client's proposal is premature. What rights does your client have if the City does not meet any of the Planning Act requirements for notifying your client or making a decision on the application? How might the Clergy Principle apply? Include a discussion explaining the Clergy Principle and its evolution in Court and Board'ribunal decisions, and make a recommendation on how your client should proceed. (ll)I marks)

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