Consent to sever for lot line adjustment on agricultural land refused lacking legal or technical justification.
The applicant appealed a decision of the Committee of Adjustment refusing an application to sever a 1.6-acre portion of agricultural land to convey to an abutting residential property owner.
The Tribunal dismissed the appeal and refused provisional consent, finding that the proposed lot line adjustment did not meet the criteria under section 51(24) of the Planning Act.
Relying on uncontested expert planning evidence, the Tribunal concluded that the proposal was inconsistent with the Provincial Policy Statement and did not conform to the Official Plan, as both properties were already compliant with the zoning by-law and there was no legal or technical reason to justify the boundary adjustment on protected agricultural lands.
OLTOntario Land TribunalMar 28, 2022
