Andrew Joseph Lakatos

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.