Consent to sever surplus farm dwelling approved despite prior demolition of the house.
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.
OLTOntario Land TribunalSep 29, 2021
