John Cox

The appellants appealed the Town of Erin Committee of Adjustment's denial of a minor variance application to reduce the Minimum Distance Separation (MDS I) requirement for a proposed severed lot.

The variance sought to reduce the setback from an existing livestock barn from 268 metres to 154 metres.

The Tribunal accepted uncontroverted expert planning evidence that the variance met the four tests under the Planning Act, noting that an agreed-upon condition to increase the front yard setback from 10.5 metres to 42 metres would ensure the adjacent farm operation could expand as planned.

The appeal was allowed and the variance authorized subject to the setback condition.

The applicant appealed the refusal of a consent application to sever 10.9 hectares of agricultural land and merge it with an adjacent agricultural property to facilitate a more efficient farming operation.

The Town opposed the application, arguing it constituted lot creation and would leave the retained parcel undersized under the 40-hectare minimum in the Official Plans.

The Tribunal allowed the appeal, finding the proposal was a minor lot boundary adjustment for farm consolidation that did not create a new lot, and that the retained parcel would remain agriculturally viable.

The applicant appealed the refusal of applications for consent to sever a property into three residential lots.

At a settlement hearing, the Tribunal reviewed the proposed minutes of settlement.

Based on uncontested expert planning evidence, the Tribunal found that the proposed severances conform to the applicable Official Plans, comply with the Zoning By-law, are consistent with the PPS 2020, conform to the Growth Plan 2020, and represent good planning.

The appeals were allowed in part, and the consents were granted subject to conditions.