Ahmad Sarwar

The City of Hamilton appealed a Committee of Adjustment decision approving consent and minor variance applications to separate a dwelling lot from a larger farm parcel following an inadvertent merger.

The City argued the proposed severed parcel was too small to safely accommodate private wastewater services, presenting evidence that nitrate concentrations would exceed provincial drinking water standards.

As the applicants did not participate in the hearing, the Tribunal accepted the City's uncontested expert evidence, finding the applications did not conform to the Rural Hamilton Official Plan, were not consistent with the Provincial Policy Statement, and posed a public health risk.

The appeals were allowed and the applications were denied.

The applicant appealed the City of Hamilton's refusal to grant a consent to sever a property into two lots, each to be serviced by an advanced treatment septic system.

The City argued that its Hydrogeological Guidelines prohibited the use of advanced treatment systems to justify undersized lots due to concerns over long-term performance and enforcement.

The Tribunal found that the Guidelines did not form part of the Official Plan and were merely an interpretive tool.

The Tribunal accepted expert evidence that advanced treatment systems are reliable and that adequate monitoring and enforcement mechanisms exist, such as consent agreements registered on title.

The appeal was allowed and provisional consent granted subject to conditions, including a monitoring agreement and financial securities.