(11) Subject to subsection (220.127.116.11.1), where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council fails to make a decision on it within 90 days after the receipt by the clerk of the application, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017:
1. The applicant.
2. The Minister. 2017, c. 23, Sched. 3, s. 10 (1); 2019, c. 9, Sched. 12, s. 6 (1).
O. Reg. 174/16 (as amended by O. Reg. 67/18): TRANSITIONAL MATTERS — GENERAL, s.18(5) and (6) Timelines for appealing failure to make decisions; s.23 Appeal re amendment to zoning by-law where application refused; s.24 Appeal re amendment to zoning by-law where failure to make decision on application.
Refer to the Wood Bull blog posts entitled: "Transitioning from the Bill 139 Planning Act to the Bill 108 Planning Act - Processing Timelines and Hearings" and "Planning Act Amendments Reinstate Broader Grounds for Appeals" for more information regarding this subsection.