Minor variance for dwelling near landfill denied due to insufficient hydrogeological testing for water safety.
The appellant appealed the Committee of Adjustment's refusal of a minor variance to permit a single-detached dwelling and septic system constructed without a permit within 200 metres of a closed landfill.
The appellant argued that his own water sampling demonstrated the well water was safe.
The Tribunal preferred the evidence of the municipality's expert witnesses, who testified that the appellant's hydrogeological investigation was insufficient to assess potential future impacts from leachate migration.
The Tribunal found the appellant failed to demonstrate there would be no negative impacts, and dismissed the appeal.
OLTOntario Land TribunalSep 9, 2025