Paul Neals

The Township of Springwater appealed a Committee of Adjustment decision granting consent to sever a 42.2-hectare agricultural parcel from a property, retaining a 6.9-hectare parcel with an existing dwelling and farm market operation.

The Tribunal found that the severance, which facilitates farm consolidation for a neighbouring farmer while allowing the existing agri-food business to continue, is consistent with the Provincial Policy Statement and conforms to the Growth Plan and local Official Plans.

The Tribunal preferred the agrological evidence supporting the enhancement of the agri-food network over the Township's strict application of minimum lot area policies.

The appeal was allowed to the extent of granting the provisional consent subject to conditions.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 2-storey agri-tourism facility on an active organic farm.

The proposed development included overnight accommodation for up to 12 guest rooms to educate the public about organic farming.

The Tribunal found that the proposed 'Agri-tourism Retreat' is a unique concept that meets the intent of the Provincial Policy Statement, the Greenbelt Plan, and the Rural Hamilton Official Plan as an on-farm diversified use.

The Tribunal preferred the applicant's expert evidence regarding land use planning and natural heritage, concluding that the development would not negatively impact agricultural operations or natural heritage features.

The appeal was allowed in part on an interim basis, approving the amendments in principle.