Appeal allowed and consent to sever denied due to insufficient evidence of compliance with MDS formulae.
The applicants sought consent to sever a 1-acre rural residential lot from a 38-acre parcel.
The appellant, a neighbouring farmer, appealed the Committee's approval, arguing the severance contravened Minimum Distance Separation (MDS) formulae regarding his livestock facilities.
The Ontario Land Tribunal found that the subject lands were designated as rural, not prime agricultural.
However, the applicants failed to provide sufficient and reliable information to demonstrate that the proposed lot and the retained lands complied with the applicable MDS formulae.
Consequently, the Tribunal could not be satisfied that the consent was consistent with the Provincial Policy Statement or conformed to the applicable Official Plans.
The appeal was allowed and provisional consent was denied.
Sytsma v United Counties of Leeds and Grenville (County), 2021 CanLII 105792