Appeals dismissed; Ahmadiyyan cemetery approved in prime agricultural area as meeting PPS tests and public interest.
The Ahmadiyya Muslim Jama'at Canada applied for an Official Plan Amendment and Zoning By-law Amendment to permit the development of a cemetery and accessory uses on lands designated as a prime agricultural area.
Neighbouring landowners appealed the municipal approvals under the Planning Act and the Funeral, Burial and Cremation Services Act.
The Tribunal found that the proposed cemetery is consistent with the Provincial Policy Statement, as there is an identified need for an Ahmadiyyan cemetery and no reasonable alternative locations exist.
The Tribunal also found that hydrogeological and traffic impacts can be appropriately managed through Site Plan Control.
The Tribunal concluded that the establishment of the cemetery is in the public interest, noting the Ahmadiyyan community's lack of a faith-based cemetery in Ontario.
The Planning Act appeals were allowed in part to implement the applicant's requested modifications to the planning instruments, and the FBCSA appeals were dismissed.
OLTOntario Land TribunalJul 3, 2024
