Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 18, 2023
CASE NO(S).: OLT-22-002286 (Formerly PL170100)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1390226 Ontario Inc. Appellant: 1610341 Ontario Inc. Appellant: 1705823 Ontario Ltd. (c/o York Developments) Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others Subject: The London Plan Municipality: City of London OLT Case No.: OLT-22-002286 Legacy Case No.: PL170100 OLT Lead Case No.: OLT-22-002286 Legacy Lead Case No.: PL170100 OLT Case Name: Lansink v. London (City)
Heard: July 5, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| London Dairy Farms Ltd. | P. Lombardi |
| City of London | C. McCreery A. Hovius (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JULY 5, 2023 AND ORDER OF THE TRIBUNAL
1This settlement hearing was convened to consider the resolution of London Dairy Farms Ltd.’s appeal (Appeal 22) to the “London Plan,” being the City of London’s (“City”) 2016 Official Plan.
2The Tribunal modifies, and approves as modified, the London Plan in accordance with the Parties’ agreed policy and land use designation changes for the London Dairy Farm Ltd.’s lands, as set out in the Order below.
3The Tribunal qualified Travis Macbeth, Registered Professional Planner with the City, to provide opinion evidence in land use planning, and marked his Affidavit as Exhibit 1.
4On the Parties’ submissions of their agreed acceptance of Mr. Macbeth’s written opinion evidence, the Tribunal finds as follows.
5London Dairy Farms Ltd. operates a large dairy farm with several land holdings in the agricultural area within the southeast portion of the City. Its appeal sought to ensure that natural heritage areas were mapped correctly and that normal farm practices were permitted to continue on its lands.
6The Parties agree that the Natural Heritage map need not designate a small natural area (referred to as “Area B”) as this area has been developed for agricultural purposes and should be designated as Farmland Place Type. The other natural heritage features on the farms in question will remain as originally included in the London Plan. Also, the Parties agreed to include a specific policy for London Dairy Farms Ltd.’s lands ensuring agriculture as a permitted use in accordance with the Farming and Food Production Protection Act (“FFPPA”). This area-specific policy aligns with the City-wide policies in the London Plan related to the FFPPA.
7In accordance with Mr. Macbeth’s recommendations, the Tribunal finds that the proposed modifications: have regard for s. 2 of the Planning Act; are consistent with the Provincial Policy Statement, 2020; align with the purpose and intent of the London Plan; and thus, represent good land use planning in the public interest.
ORDER
8The Tribunal Orders that:
The appeal of London Dairy Farms Ltd. is allowed in part, as set out below, and is otherwise dismissed;
In accordance with subsection 20(2) of O. Reg. 174/16 and subsection 17(50) of the Planning Act, R.S.O. 1990, c. P. 13, as it read on April 2, 2018:
(a) those policies within the London Plan identified in the attached Schedule A are modified and approved as modified;
(b) Maps 1 and 5 of the London Plan are modified and approved as modified in accordance with the attached Schedule B;
(c) the policies and maps herein approved as modified are in effect as of the date of issuance of this Decision;
The 1989 Official Plan is repealed as it applies to London Dairy Farms Ltd.’s lands; and
The Tribunal may be spoken to should matters arise with the implementation of this Order.
“S. Tousaw”
S. tousaw
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Schedule A
Add a new policy to the Farmlands Place Type part of the Plan:
1238A_ The Farmland, Environmental Review and Green Space Place Types as applied to the properties located at 3700 Old Victoria Road, 2034 Wilton Grove Road, 2471 Wilton Grove Road, 2338 Wilton Grove Road, and 2017 Bradley Avenue shall not be applied in a manner that restricts a normal farm practice carried on as part of the agricultural operations, in accordance with the Farming and Food Production Protection Act,as amended from time to time.
Schedule B
On both Map 1 - Place Types, and Map 5 - Natural Heritage, remove the feature shown below as “Area B.” On Map 1, the underlying designation of Farmlands will replace Area B. On Map 5, the area will be shown in white, as containing no feature.