Appeal allowed and consent refused; proposed boundary adjustment created undersized agricultural lots contrary to provincial policy.
The County of Simcoe appealed a Committee of Adjustment decision approving a consent application for a lot boundary adjustment on agricultural lands.
The applicant sought to sever a portion of their farm, separated by a natural heritage feature, and merge it with an adjacent vacant rural residential lot.
The Tribunal allowed the appeal and refused the consent, finding that the proposal was not a 'minor boundary adjustment' but rather the creation of two undersized agricultural lots.
The Tribunal held that the resulting parcels would not conform to the minimum 40-hectare lot size requirement in the Simcoe County Official Plan and were inconsistent with the Provincial Policy Statement's protection of agricultural resources.
OLTOntario Land TribunalMay 9, 2022
