121(1)With respect to an appeal under paragraph 120(1)(a), the Board may
(a)
dismiss it,
(b)
allow it by ordering the granting of the approval for the development or the granting of the permit, as the case may be, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, or
(c)
vary or revoke any terms and conditions attached to the permit.
121(2)With respect to an appeal under paragraph 120(1)(b), the Board may
(a)
dismiss it,
(b)
allow it by revoking the approval or the permit, or
(c)
attach any terms and conditions to the granting of the approval or the granting of the permit that the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act.
121(3)With respect to an appeal under paragraph 120(1)(c), the Board may affirm, revoke or vary the prescribed standards or proposed action.
121(4)With respect to an appeal under paragraph 120(1)(d), the Board may
(a)
dismiss it, or
(b)
order the development officer to approve, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, the tentative or subdivision plan, or to approve the instrument for registration in the land registration office or to exempt it.
121(5)In addition to any other authority that the Board may have under this section, the Board may refer a matter back to the regional service commission, the council, the advisory committee or the development officer that made the decision that is the subject of the appeal.
121(6)If the Board refers a matter back under subsection (5),
(a)
the regional service commission, the council, the advisory committee or the development officer, as the case may be, may affirm, revoke or vary the decision that is the subject of the appeal, and
(b)
the Board may provide directions.
121(7)A decision of the Board, other than an order referred to in subsection (8), shall take effect four days following the day a copy of the Board’s decision was sent by mail under subsection 14(2) of the Assessment and Planning Appeal Board Act.
121(8)If the Board orders the granting of a permit, the granting of an approval for a development, the approval of a plan or instrument or the exempting of an instrument, the responsible officer shall comply with the order immediately and the order shall be effective on the compliance.
121(9)Despite this section, the Board may allow an appeal in a manner referred to in paragraph (1)(b) or (2)(b) or make an order mentioned in paragraph (4)(b) if, in the opinion of the Board, a particular provision of a by-law under this Act
(a)
is not authorized by this Act, and
(b)
is the basis for the action appealed.
121(10)A decision of a majority of the members of the Board hearing an appeal is a decision of the Board.
121(1)With respect to an appeal under paragraph 120(1)(a), the Board may
(a)
dismiss it,
(b)
allow it by approving the regional or other development or ordering the granting of the permit, as the case may be, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, or
(c)
vary or revoke any terms and conditions attached to the permit.
121(2)With respect to an appeal under paragraph 120(1)(b), the Board may
(a)
dismiss it,
(b)
allow it by revoking the approval or the permit, or
(c)
attach any terms and conditions to the approval or the permit as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act.
121(3)With respect to an appeal under paragraph 120(1)(c), the Board may affirm, revoke or vary the prescribed standards or proposed action.
121(4)With respect to an appeal under paragraph 120(1)(d), the Board may
(a)
dismiss it, or
(b)
order the development officer to approve, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, the tentative or subdivision plan, or to approve the instrument for registration in the land registration office or to exempt it.
121(5)In addition to any other authority that the Board may have under this section, the Board may refer a matter back to the regional service commission, the council, the advisory committee or the development officer that made the decision that is the subject of the appeal.
121(6)If the Board refers a matter back under subsection (5),
(a)
the regional service commission, the council, the advisory committee or the development officer, as the case may be, may affirm, revoke or vary the decision that is the subject of the appeal, and
(b)
the Board may provide directions.
121(7)A decision of the Board, other than an order referred to in subsection (8), shall take effect four days following the day a copy of the Board’s decision was sent by mail under subsection 14(2) of the Assessment and Planning Appeal Board Act.
121(8)If the Board orders the granting of a permit, the approval of a plan or instrument or the exempting of an instrument, the responsible officer shall comply with the order immediately and the order shall be effective on the compliance.
121(9)Despite this section, the Board may allow an appeal in a manner referred to in paragraph (1)(b) or (2)(b) or make an order mentioned in paragraph (4)(b) if, in the opinion of the Board, a particular provision of a by-law under this Act
(a)
is not authorized by this Act, and
(b)
is the basis for the action appealed.
121(10)A decision of a majority of the members of the Board hearing an appeal is a decision of the Board.
121(1)With respect to an appeal under paragraph 120(1)(a), the Board may
(a)
dismiss it,
(b)
allow it by approving the regional or other development or ordering the granting of the permit, as the case may be, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, or
(c)
vary or revoke any terms and conditions attached to the permit.
121(2)With respect to an appeal under paragraph 120(1)(b), the Board may
(a)
dismiss it,
(b)
allow it by revoking the approval or the permit, or
(c)
attach any terms and conditions to the approval or the permit as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act.
121(3)With respect to an appeal under paragraph 120(1)(c), the Board may affirm, revoke or vary the prescribed standards or proposed action.
121(4)With respect to an appeal under paragraph 120(1)(d), the Board may
(a)
dismiss it, or
(b)
order the development officer to approve, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, the tentative or subdivision plan, or to approve the instrument for registration in the land registration office or to exempt it.
121(5)In addition to any other authority that the Board may have under this section, the Board may refer a matter back to the regional service commission, the council, the advisory committee or the development officer that made the decision that is the subject of the appeal.
121(6)If the Board refers a matter back under subsection (5),
(a)
the regional service commission, the council, the advisory committee or the development officer, as the case may be, may affirm, revoke or vary the decision that is the subject of the appeal, and
(b)
the Board may provide directions.
121(7)A decision of the Board, other than an order referred to in subsection (8), shall take effect four days following the day a copy of the Board’s decision was sent by mail under subsection 14(2) of the Assessment and Planning Appeal Board Act.
121(8)If the Board orders the granting of a permit, the approval of a plan or instrument or the exempting of an instrument, the responsible officer shall comply with the order immediately and the order shall be effective on the compliance.
121(9)Despite this section, the Board may allow an appeal in a manner referred to in paragraph (1)(b) or (2)(b) or make an order mentioned in paragraph (4)(b) if, in the opinion of the Board, a particular provision of a by-law under this Act
(a)
is not authorized by this Act, and
(b)
is the basis for the action appealed.
121(10)A decision of a majority of the members of the Board hearing an appeal is a decision of the Board.