E. Alderman

The appellant appealed the municipality's by-law designating a property as having cultural heritage value under the Ontario Heritage Act.

At a settlement hearing, the Tribunal accepted uncontested expert heritage planning evidence that the property had been significantly altered and did not meet any of the prescribed criteria in O. Reg. 9/06.

The Tribunal allowed the appeal and repealed the designating by-law.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its decision issued on January 2, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, paragraph 14 of the original decision was deleted and replaced to clarify the primary area of disagreement regarding whether the proposed development was properly categorized as residential or seasonal resort recreational development.

The applicant appealed the County's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a seasonal resort recreational development on lands designated as prime agricultural.

Following initial evidence, the parties reached a settlement that reduced the number of seasonal cottages from 173 to 125, restricted occupancy to April through October, and increased public access to recreational amenities.

The Tribunal approved the revised planning instruments, finding that the seasonal recreational use would not adversely impact nearby agricultural resources, was consistent with the Provincial Policy Statement, and represented good planning.