The Ontario Land Tribunal has dismissed the town’s appeal of a tribunal decision that allowed construction of a three-storey, 17-unit apartment building on King Street.

The project proposed by developer Butler’s Gardens Development Inc. and its owner, Josh Bice, was initially sent to the land tribunal in January after town council decided not to approve it.

In April, it was approved by the tribunal and in May, after getting legal advice, town council decided to appeal the decision.

The town argued the tribunal erred by applying the incorrect legal test to determine whether the zoning bylaw amending conformed to provincial law and also that the panel was wrong to disregard expert evidence presented by the municipality.

In a statement issued Friday, July 26, the town said it was advised on July 25 that the tribunal had rejected its appeal, meaning the project has been cleared to go ahead.