Joshua Morgan

The Ahmadiyya Muslim Jama'at Canada applied for an Official Plan Amendment and Zoning By-law Amendment to permit the development of a cemetery and accessory uses on lands designated as a prime agricultural area.

Neighbouring landowners appealed the municipal approvals under the Planning Act and the Funeral, Burial and Cremation Services Act.

The Tribunal found that the proposed cemetery is consistent with the Provincial Policy Statement, as there is an identified need for an Ahmadiyyan cemetery and no reasonable alternative locations exist.

The Tribunal also found that hydrogeological and traffic impacts can be appropriately managed through Site Plan Control.

The Tribunal concluded that the establishment of the cemetery is in the public interest, noting the Ahmadiyyan community's lack of a faith-based cemetery in Ontario.

The Planning Act appeals were allowed in part to implement the applicant's requested modifications to the planning instruments, and the FBCSA appeals were dismissed.

The applicant appealed the Township of Severn Committee of Adjustment's refusal of a minor variance application to permit a reduced front yard and watercourse setback for a reconstructed deck.

Prior to the hearing, the parties reached a settlement requiring a Development Agreement for shoreline restoration and the removal of an existing free-standing deck.

The Tribunal accepted uncontested planning evidence that the settlement met the four tests for a minor variance and authorized the variances in principle, withholding its final order pending execution of the agreement.

The County of Simcoe appealed a Committee of Adjustment decision approving a consent application for a lot boundary adjustment on agricultural lands.

The applicant sought to sever a portion of their farm, separated by a natural heritage feature, and merge it with an adjacent vacant rural residential lot.

The Tribunal allowed the appeal and refused the consent, finding that the proposal was not a 'minor boundary adjustment' but rather the creation of two undersized agricultural lots.

The Tribunal held that the resulting parcels would not conform to the minimum 40-hectare lot size requirement in the Simcoe County Official Plan and were inconsistent with the Provincial Policy Statement's protection of agricultural resources.