Mark Smith

The applicants complained of noise disturbances from farm animals and a propane bird cannon on the respondents' neighbouring blueberry farm.

The Normal Farm Practices Protection Board found that the farm animals constituted a petting zoo, not an agricultural operation, and thus the Board lacked jurisdiction over that complaint.

Regarding the bird cannon, the Board found it was part of an agricultural operation and that the applicants were directly affected by the noise.

The Board concluded that the use of the cannon is a normal farm practice, provided the respondents modify their practice to comply with specific conditions, including volume controls, frequency limits, and a 150-metre setback, to account for the site's unique topography.

The appellant appealed the municipality's approval of a zoning by-law amendment permitting a commercial dog kennel on the neighbouring property.

The core issue was whether the noise from the kennel would adversely impact the enjoyment of the appellant's property.

The Tribunal preferred the applicants' expert noise evidence, finding that proposed mitigation measures implemented through site plan control would adequately address noise concerns.

The Tribunal concluded the amendment was consistent with provincial policies and conformed to the official plans, dismissing the appeal.