Jerry and Susan Auger v. Wellington (County), 2024 CanLII 46422

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 15, 2024

CASE NO.: OLT-23-001247

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Jerry and Susan Auger

Subject: Consent

Description: To sever and create a new parcel for a new residential unit

Reference Number: B28-23

Property Address: 164 Hume Road

Municipality/UT: Puslinch/Wellington C

OLT Case No.: OLT-23-001247

OLT Lead Case No.: OLT-23-001247

OLT Case Name: Jerry and Susan Auger v. Wellington (County)

BEFORE:

E. CROWE MEMBER

Wednesday, the 15th day of May, 2024

THIS MATTER in respect of the lands at 164 Hume Road in the Township of Puslinch having come for a public hearing on March 27, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on May 1, 2024 and

THE TRIBUNAL having been advised by the Parties on May 7, 2024 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL, having accepted the uncontested opinion evidence of Hugh Handy, as presented in his affidavit, the Tribunal finds that the Consent Application has proper regard to the Criteria under Section 51(24) the Planning Act, applicable to the Consent Application in accordance with Section 53(12), is consistent with the policies of the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), and is in conformity with the County Official Plan and in general compliance Township’s Zoning By-law No. 023-18. Furthermore, as detailed in the Witness Statement of Mr. Robert Paul Stovel dated May 2, 2024, it will have no impacts on agricultural as Minimum Distance Separate is not applicable.

NOW THEREFORE

THE TRIBUNAL ORDERS THAT that the appeal is allowed and the provisional consent is to be given, subject to the following conditions:

1. THAT the Owner's solicitor, in preparation for the issuance of the Certificate of Consent, provide to the Secretary-Treasurer of the County of Wellington Planning and Land Division Committee a printed copy of the "completed electronic transfer document in preparation".

2. THAT the Solicitor for the Owner give a signed undertaking in writing to provide to the Secretary-Treasurer of the County of Wellington Planning and Land Division Committee within 30 days of the date of registration in the Land Registry/Land Titles Office for Wellington (No. 61) a copy of the receipted and registered electronic transfer document including the Form 2 Certificate for Consent

3. THAT the Owner, as provided for under Section 69 of the Planning Act, R.S.O. 1990, shall pay to the Treasurer of the County of Wellington the administrative fee which is in effect at the time of the payment of the fee for the review and issuance of the Certificate of Consent for the severed parcel.

4. THAT the transfer for registration with respect to description complies with Ontario Regulation 43-96; and if that description contains a reference to a Reference Plan(s), the Owner's solicitor shall provide a full print of that deposited reference plan(s) as well as a digital PDF copy to the secretary-treasurer of the Planning and Land Division Committee.

5. THAT the Owner satisfy all the requirements of the Township of Puslinch, financial and otherwise (including taxes paid in full and Consent Review/Condition Clearance fee) which the Township may deem to be necessary at the time of issuance of the Certificate of Consent for the property and orderly development of the subject lands. Any fees incurred by the Township for the review of this application will be the responsibility of the applicant; and further that the Township of Puslinch file with the Secretary-Treasurer of the Planning and Land Division Committee a letter of clearance of this condition.

6. THAT safe access to the proposed severed lands can be accommodated to the satisfaction of the Township; and further that the Township of Puslinch file with the Secretary-Treasurer of the Planning and Land Division Committee a letter of clearance of this condition.

7. THAT the Owner obtain zoning compliance for the reduced lot frontage for the proposed severed parcel; and further that the Township of Puslinch file with the Secretary-Treasurer of the Planning and Land Division Committee a letter of clearance of this condition.

8. THAT servicing can be accommodated on the severed and retained lands to the satisfaction of the local municipality; and further that the Township of Puslinch file with the Secretary-Treasurer of the Planning and Land Division Committee a letter of clearance of this condition.

(i) That if there are any difficulties that arise with respect to implementation of this Order the Tribunal may be spoken to.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

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.