Appeal to amend consent conditions dismissed; expanding well setback without proven contamination not a valid technical justification.
The applicant appealed a Committee of Adjustment decision approving a consent application to sever a parcel of prime agricultural land, seeking to amend or remove conditions related to well setbacks and water testing.
The applicant argued the boundary adjustment was necessary to meet a 15-metre setback from agricultural contaminants.
The Tribunal accepted the County's expert planning evidence that without proven contamination, expanding the setback was not a verifiable technical justification under the Provincial Policy Statement, whereas correcting existing zoning deficiencies was.
The appeal was dismissed and the original conditions were upheld.
OLTOntario Land TribunalMay 2, 2024
