Margaret Walton

The applicant sought consent to sever a surplus farmhouse dwelling from an agricultural parcel.

The dwelling had been demolished due to severe tenant hoarding and safety issues prior to the application.

The local Committee of Adjustment approved the severance, and a neighbouring farmer appealed, arguing that because the dwelling was demolished, it could not meet the strict policy definition of a 'habitable' surplus residence under the Provincial Policy Statement.

The Tribunal dismissed the appeal and approved the consent, finding that a strict literal interpretation of the policy would frustrate its intent, which is to protect agricultural lands.

The severance maintained the agricultural use of the retained parcel and the rural residential character of the severed parcel.

The applicants sought a determination that their proposed importation of approximately 1,500 loads of fill to level a 2-acre portion of their farm for horse training and pasture constituted a normal farm practice under the Farming and Food Production Protection Act, thereby exempting them from the municipality's site alteration by-law.

While the Board found the proposal was a necessary but ancillary part of their agricultural operation, it dismissed the application because the applicants failed to provide demonstrable plans, such as grading plans or expert reports, for the proposed site alteration.

Consequently, the Board could not determine whether the proposed fill project was a normal farm practice.