Consent and minor variance applications denied due to insufficient lot size for safe private wastewater servicing.
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.
OLTOntario Land TribunalSep 12, 2025
