(19.5) Despite subsections (19) and (19.3.1), and subject to subsections (19.6) to (19.8), there is no appeal in respect of,
(a) the parts of a by-law that establish permitted uses or the minimum or maximum densities with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16); or
(b) the parts of a by-law that establish minimum or maximum heights with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16). 2017, c. 23, Sched. 3, s. 10 (7).
Protected major transit station areas are identified in official plans of:
Subject to the limitations and exceptions set out in subsections 34(19.6) to 34(19.8), there is no appeal of the parts of a bylaw that establish permitted uses, minimum or maximum densities, or minimum or maximum heights with respect to buildings and structures on lands in a protected major transit station area.
The restriction in subsection 34(19.5)(b) does not apply where the maximum permitted height would result in development that does not meet the minimum required density for the parcel (s.34(19.7)).
With respect to a lower-tier municipality's by-law, the restriction only applies if the municipality's official plan includes all of the required policies described in subsection 16(16)(b) for a protected major transit station area (s.34(19.6)).
The restriction on appeals in this subsection does not apply to the Minister (s.34(19.8)).
This subsection is silent as to whether appeals relating to other standards, such as setbacks, building depths, and landscaping, with respect to buildings and structures on lands in a protected major transit station area would be permitted. Any appeal would have to be made on the basis set out in subsection 34(19.0.1).