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Tribunal overturns Tecumseh refusal, approves four-lot townhouse split on Chene Street

The Ontario Land Tribunal gave provisional consent to split 137 Chene St. Town staff had recommended approval.

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The Ontario Land Tribunal has overturned a Tecumseh Committee of Adjustment refusal and approved splitting 137 Chene Street into four lots for a four-unit townhouse. The decision is dated Oct. 5, 2026.

What was proposed

The owner, a numbered company, applied to divide the property into four residential lots for a four-unit townhouse, with each lot owned separately (freehold). The lots would have frontages of about 6.1 metres, 6.1 metres, 9.1 metres and 9.1 metres, and each is 51.8 metres deep. The existing house and accessory buildings would be demolished. The land is zoned R3 and designated Residential.

What the Town decided

On Jan. 26, 2026, the Tecumseh Committee of Adjustment refused the three consent applications (B-08-25, B-09-25 and B-10-25). Town staff had recommended approval with conditions. The company appealed to the tribunal under the Planning Act.

What the tribunal decided

The tribunal heard the appeal by video on June 3, 2026. The Town did not attend. The tribunal found the proposal consistent with the Provincial Planning Statement and in conformity with the Essex County and Town of Tecumseh official plans. It allowed the appeal and gave provisional consent, subject to conditions.

Conditions

A survey reference plan.

Property taxes paid.

A $4,290 non-refundable application fee, plus any excess costs paid by the applicant.

Separate water, storm and sanitary servicing, to the Town's satisfaction.

All conditions fulfilled by Dec. 19, 2027.

Flood area

The lands are in a flood-prone regulated area. The Essex Region Conservation Authority (ERCA) had no concerns, but a permit from ERCA is still required before construction.

Sources

  1. Ontario Land Tribunal, 1000864752 Ontario Inc. v Tecumseh (Town), 2026 CanLII 108562 (ON LT), Oct. 5, 2026 (cases OLT-26-000206, OLT-26-000207 and OLT-26-000208)

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