Consent applications for rural lot severances granted upon settlement and evidence demonstrating no conflict with nearby aggregate pit.
The applicant appealed the City of Ottawa Committee of Adjustment's denial of two consent applications to create three lots (two severed, one retained) on a rural property.
The City initially opposed the applications due to the property's proximity to an active aggregate pit and natural heritage features.
Prior to the hearing, the parties reached a settlement after the applicant provided a comprehensive Mineral Resource Impact Assessment demonstrating no conflict with future aggregate extraction.
The Tribunal accepted uncontradicted expert planning and aggregate resources evidence, finding the proposed severances met the criteria under section 51(24) of the Planning Act and conformed to the Official Plan and Zoning By-law.
The appeal was allowed and the consents were granted subject to agreed-upon conditions.
OLTOntario Land TribunalJun 30, 2022
