Douglas Pratt

The appellant appealed the municipality's approval of a zoning by-law amendment that permitted cluster housing dwellings and recognized existing setbacks on the subject property.

The parties reached a settlement to add site-specific criteria to the by-law to address the appellant's concerns.

Based on uncontested planning evidence, the Tribunal found the revised amendment consistent with provincial policy and local official plans.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The applicants, neighbouring farmers, complained of severe odours emanating from the respondent's two newly constructed segregated early weaning swine barns and manure pit.

The Normal Farm Practices Protection Board found that the applicants were aggrieved by the odour, which constituted a disturbance.

The Board determined that the respondent's operation was not a normal farm practice because the barns were not located in accordance with the Minimum Distance Separation (MDS II) guidelines of the Agricultural Code of Practice, which was the accepted standard in the region.

The Board ordered the respondent to install 60-foot exhaust stacks to disperse the odour and bring the operation into compliance with normal farm practices.