Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2022
CASE NO(S).: OLT-21-001206
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Michael Hawkins
Applicant: WBL MFG Inc.
Subject: Zoning By-law
Description: To permit a small-scale rural commercial shop for metal works
Reference Number: 2021-038
Property Address: 733759 West Back Line
Municipality/UT: Grey Highlands/Grey
OLT Case No: OLT-21-001206
OLT Lead Case No: OLT-21-001206
OLT Case Name: Hawkins v. Grey Highlands (Municipality)
Heard: May 12, 2022 by video hearing
APPEARANCES:
Parties
Counsel
WBL MFG Inc. (Applicant)
Erroll Treslan
Michael Hawkins (Appellant)
Self-Represented
DECISION DELIVERED BY ERIC S. CROWE AND K.R. ANDREWS ON MAY 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an appeal filed by Michael Hawkins (the “Appellant”) against the decision of the Council of Municipality of Grey Highlands dated June 16, 2021, approving Zoning By-law Amendment No. 2004-50 (the “ZBLA”).
2The subject ZBLA application was commenced by WBL MFG Inc. (the “Applicant”), proposing to amend the zoning to permit a small scale rural commercial shop for metal works located at 733759 West Back Line, Grey Highlands (the “Subject Property”).
3The effect of this ZBLA application is to amend schedule ‘A-10’ from Rural (RU) and Hazard (H) to Rural (RU), Hazard (H) and Rural Commercial (C4). The Municipality OP outlines the uses permitted within the Rural designation which include on-farm diversified uses. The proposal is subject to Site Plan Approval.
4The Applicant proposes to build a 250 square meter (“m2“) metal shop and a 750 m2 storage area which requires a portion of the Subject Property to be rezoned. A new buggy shed and barn are also proposed to be constructed in the vicinity of the shop.
5There were three Staff Planning Reports. An initial Planning Report dated July 27, 2020, was completed ahead of the Public Planning Hearing which gave no opinion or recommendation of approval of the application. A second Planning Report dated April 7, 2021, supported the application subject to Site Plan approval. The final and third Planning Report dated June 16, 2021, again supported the application which the Council subsequently approved.
SUBJECT PROPERTY
6The Subject Property’s legal description is Lot 164-165 Concession 2 SWTSR Artemesia, Grey Highlands. The Subject Property is located at 733759 West Back Line on the northeast side of the road between Road 160 and Road 170. The lands have a lot area of 43.7 hectares (“ha”) and a frontage of 410 meter (“m”) and are zoned RU and H. The property is a combination of farmlands and woodlands.
7A building cluster comprised of a dwelling and shed is centrally located adjacent to West Back Line. The proposed 250 m2 shop and 750 m2 storage area is proposed to be located behind the existing shed.
8For the reasons that follow, the Tribunal denies the Appeal.
LEGISLATIVE TESTS
9In making a decision under the Planning Act (“Act”) with respect to a ZBLA, the Tribunal is directed to s. 24 (1) of the Act:
Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform therewith.
10In addition, [s. 3(5)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html#sec3