Appeal of zoning by-law amendment dismissed; grain milling facility found to be a permitted agriculture-related use.
The appellants appealed the Township's passing of a site-specific zoning by-law amendment intended to facilitate the construction of a grain milling, seed-cleaning, and blending facility on prime agricultural land.
The appellants argued that the proposed use was industrial and did not conform to the applicable official plans or constitute an agriculture-related use under the Provincial Policy Statement.
The Tribunal found that the official plans, as amended by site-specific amendments passed after the by-law, applied to the analysis and that the Clergy principle did not operate to restrict the Tribunal to former policies.
The Tribunal concluded that the proposed facility constituted an agriculture-related use, conformed to the amended official plans, and was consistent with provincial policies.
The appeal was dismissed.
OLTOntario Land TribunalMar 7, 2023
