Conditions attached to a rezoning approval under s 4.4(13) and s 4.5(12) of the P & E Act and s 6.1.24 of the IPA bind successors in title regardless of whether they have formally assumed those obligations by deed. A successor in title cannot claim the benefit of a rezoning while avoiding its conditions; the development rights conferred by the rezoning are inseparable from the conditions on which they were granted. A town planning by-law requiring council approval before undertaking permitted development is valid where it operates to require approval of conditions applicable to permitted development rather than requiring permission for the use itself.
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