Appeal to establish cemetery on prime agricultural land dismissed for failing public interest and provincial policy tests.
The applicant appealed the Township's refusal to approve the establishment of a Muslim cemetery on 43.8 acres of prime agricultural land.
The applicant argued the cemetery was a permitted use under the zoning by-law and served a cultural need.
The Tribunal dismissed the appeal, finding that establishing the cemetery was not in the public interest.
The Tribunal prioritized the provincial interest in protecting prime agricultural lands over the cultural facility provision, noting the applicant failed to provide a needs analysis or evaluate alternative locations outside prime agricultural areas as required by the Provincial Policy Statement.
OLTOntario Land TribunalNov 23, 2023
