Marie Leroux

The appellants appealed two zoning by-law amendments passed by the Township of Clearview.

The first amendment permitted a new farm residential dwelling outside the existing farm cluster, and the second permitted an Agricultural Research and Training Centre as an on-farm diversified use.

The Tribunal found that locating the new dwelling on lower-capability agricultural lands preserved prime agricultural areas, consistent with the Provincial Policy Statement.

The Tribunal also found that the proposed training centre qualified as an on-farm diversified use and agritourism, compatible with surrounding agricultural operations.

The appeal regarding the dwelling was dismissed, and the appeal regarding the training centre was allowed in part to implement a settlement agreement.

The appellants appealed the Township's refusal of a zoning by-law amendment application to permit an implement shed as a principal permitted use on their rural residential property.

Prior to the hearing, the parties reached a settlement proposing a revised amendment to permit two accessory buildings, including one for a home industry and storage.

Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good land use planning.

The appeal was allowed and the zoning by-law was amended accordingly.