What are the developer’s rights to challenge the rules?
Developers have the right to challenge planning rules and other technicalities under Section 17 of the provincial Planning Act. Subsection 40 which reads as follows:
Appeal to O.M.B.
(40)
If the approval authority fails to give notice of a decision
in respect of all or part of a plan within 180 days after the
day the plan is received by the approval authority, any person
or public body may appeal to the Municipal Board with respect
to all or any part of the plan in respect of which no notice
of a decision was given by filing a notice of appeal with the
approval authority. 1996, c. 4, s. 9; 2004, c. 18, s. 3 (1).
