Heather St. Clair

The applicant appealed the non-decision of its Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications to permit residential development in Ingersoll.

The parties reached a settlement on most issues, leaving only the appropriate parking rate for two proposed apartment buildings in dispute.

The Tribunal preferred the applicant's transportation expert evidence, finding that the proposed parking rate of 1.19 spaces per unit was optimal given the site's walkability and bikeability.

The appeals were allowed in part and the planning instruments were approved.

The County of Oxford appealed a decision of the Land Division Committee approving a consent to sever agricultural lands to facilitate a farm consolidation and retain a lot with an existing dwelling for non-farm rural residential purposes.

The Applicants argued the proposal was a boundary adjustment and that the appeal was filed late.

The Tribunal found the appeal was filed in time.

Relying on the uncontroverted expert planning evidence of the County, the Tribunal held that the proposed severance did not conform to the County Official Plan, which prohibits retaining a surplus dwelling resulting from a farm consolidation if it was constructed after December 13, 1995.

The appeal was allowed and the consent was not given.

The applicant appealed the Township of Norwich's refusal to amend its Zoning By-law to increase the permitted nutrient units on his 28-acre agricultural property from 170 to 233.3, which would facilitate the construction of a new veal barn.

The application was supported by the County planner and had received approval from OMAFRA for the Nutrient Management Strategy, with no objections from other agencies.

The Township had refused the application based on an alleged promise by the applicant not to construct further buildings, and raised concerns about overdevelopment.

The Tribunal allowed the appeal, finding no evidence to substantiate the Township's concerns and concluding that the proposed expansion represented good land use planning consistent with provincial and county policies.

The appellants appealed the Township of Norwich's approval of a zoning by-law amendment that permitted a reduced Minimum Distance Separation (MDS) for a new hog barn and recognized an existing mobile home as an accessory dwelling.

The Tribunal dismissed the appeal, accepting expert planning evidence that the amendment was consistent with the Provincial Policy Statement 2020, conformed to the Official Plan, and appropriately supported agricultural uses in a prime agricultural area without adversely impacting natural heritage features or neighbouring properties.