Official Plan mapping refined to include a Cultural Thicket that meets the definition of a Significant Woodland.
The appellants appealed Official Plan Amendment No. 107 (OPA 107) to the Municipality of Clarington's Official Plan, specifically challenging the extent of the Environmental Protection Area (EP) and Natural Heritage System (NHS) mapping on their lands.
The dispute centered on whether a 'Cultural Thicket' dominated by Eastern White Cedar met the Official Plan definition of a 'Significant Woodland'.
The Tribunal found that the Cultural Thicket is a treed area that meets the Official Plan, Provincial Policy Statement, and Forestry Act definitions of a woodland, and the Official Plan definition of a Significant Woodland.
The Tribunal ordered that the EP and NHS mapping be refined to include the Cultural Thicket and contiguous woodlands, while excluding a small marsh area, and otherwise dismissed the appeal.
OLTOntario Land TribunalMay 3, 2024