Dan FitzGerald

The appellant appealed the approval of Official Plan Amendment No. 10 (OPA 10), which expanded the settlement area boundary of the Village of Lucan.

The parties reached a settlement agreement to further amend OPA 10 by redesignating the subject agricultural lands to a Residential Special Policy Area to accommodate future residential growth.

Based on uncontested expert planning evidence, the Tribunal found the settlement agreement consistent with the Provincial Planning Statement 2024 and in conformity with the applicable official plans.

The appeal was allowed to approve OPA 10 as modified by the settlement.

The Applicant sought to sever a 0.4-hectare parcel from a 19.8-hectare agricultural property to construct a new dwelling on the site of a historic farm dwelling demolished in 2005.

The municipal Committee of Adjustment approved the consent application as a surplus farm dwelling severance due to farm consolidation.

The County appealed the decision to the Ontario Land Tribunal.

The Tribunal allowed the appeal and refused provisional consent, finding that the Provincial Planning Statement and applicable official plans strictly require an existing habitable dwelling on the property to qualify for a surplus farm dwelling severance.

Because the historic dwelling no longer existed, the application was effectively for the creation of a new residential lot in a prime agricultural area, which is prohibited.