The applicant, a large poultry farming operation, challenged a municipal by-law requiring a site plan prior to the issuance of a building permit for intensive livestock operations.
The applicant argued that the site plan requirement unduly restricted 'normal farm practice' under the Farming and Food Production Protection Act.
The Board held that the site plan requirement did not restrict normal farm practice, as it was a legitimate planning tool to balance agricultural needs with community interests, akin to other innovative technologies like nutrient management plans.
The Board noted that if a municipality abused the site plan process to delay or frustrate legitimate farm plans, it could be addressed in a separate application.
One member dissented, finding that the site plan requirement contravened normal farm practices and could cause undue delays.
