David and Dawn Carter v. Haldimand (County), 2025 CanLII 121097

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 19, 2025

CASE NO(S).: OLT-24-001092

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: David and Dawn Carter

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the existing secondary suite and to add an addition to the dwelling.

Reference Number: PLZ-HA 2024-067

Property Address: 20 Featherstone Avenue

Municipality/UT: Haldimand/Haldimand

OLT Case No: OLT-24-001092

OLT Lead Case No: OLT-24-001092

OLT Case Name: David and Dawn Carter v. Haldimand (County)

Heard: November 13, 2025 by video hearing

APPEARANCES:

Parties	Counsel
David and Dawn Carter (“Appellant/ Applicant”)	P. Lombardi
Haldimand County	S. Premi

MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON NOVEMBER 13, 2025 AND ORDER OF THE TRIBUNAL

Link to Order

BACKGROUND

1This appeal arises from the failure of the County of Haldimand (“County”) to approve a Zoning By-law Amendment (“ZBA”), pursuant to s. 34 (19) of the Planning Act (“Act”) for the property known municipally as 20 Featherstone Avenue (“Subject Property”).

2The Applicant originally sought to rezone the Subject Property to a site-specific Residential Low Density (RL) zone to recognize an existing secondary suite within the basement of the dwelling and to permit an addition to the dwelling containing additional living space for the primary residence on the second floor. The proposed addition would result in a total gross floor area of approximately 323.6 square metres. The ZBA is required to permit an Additional Residential Unit (“ARU”) within the RL zone, and to increase the maximum permitted floor area, and adjust the interior side yard setback.

3The Tribunal notes that the Application has been narrowed from the original proposal and now seeks only to permit and recognize the existing secondary suite located within the basement of the dwelling. When the Application was first submitted, the Haldimand County Official Plan already permitted secondary suites; however, the Residential Lakeshore (RL) Zone under the County’s Zoning By-law did not. As a result, a zoning amendment was required to bring the existing suite into conformity with the Official Plan.

4Since that time, the provincial policy framework has materially changed. The Provincial Planning Statement, 2024 (“PPS 2024”) now expressly supports the establishment of ARU, including outside settlement areas and those on private services. This represents a shift from Provincial Policy Statement 2020, which was silent on such permissions and contributed to the County’s earlier interpretation that the use was not acceptable.

5In light of the updated provincial directions, the remaining relief which is limited to recognizing the existing basement secondary suite is consistent with PPS 2024 and aligns with the permissions already found in the County’s Official Plan. The ZBA therefore functions to reconcile the current provincial and local policy framework with the provisions of the Zoning By-law, which has not yet been updated to reflect these policy changes.

6The Tribunal further notes that Shannon VanDalen, a County Planner and one of the signatories responsible for approving the staff report, was summoned to provide evidence. Upon reviewing her professional qualifications, the Tribunal qualified Ms. VanDalen to provide expert opinion evidence in land use planning. She provided oral testimony regarding the secondary suite and spoke to the changes in provincial policy under PPS, 2024. Her testimony confirmed that County staff recommended approval of the Application. The Tribunal accepts that the refusal of the ZBA was a decision of Council, notwithstanding the professional planning support provided by County staff.

7The Tribunal notes that certain portions of the Affidavit of Michael J. Sullivan, sworn November 6, 2025, marked as Exhibit 1, are hereby struck from the record. Specifically, paragraph 50, which refers to the detached garage and its compliance with zoning, conformity with the Official Plan, consistency with PPS 2024, and regard for the Planning Act; and paragraph 51, which addresses the location of the proposed garage and associated professional opinion regarding the original minor variance, are removed. In addition, the last sentence of paragraph 26 (p), which states “there is no known history of conflict between Featherstone Avenue residents and neighbouring property owners”, is also struck. The Tribunal notes that any other references or analysis in the affidavit relating to matters beyond the existing basement secondary suite are not considered and are outside the scope of this proceeding. The Tribunal has relied only on the remaining portions of the affidavit in reaching its findings.

8Participant concerns were raised regarding potential inconsistencies with the Haldimand County Official Plan, compliance with zoning provisions, environmental impacts, and effects on the surrounding neighbourhood. These matters were addressed by the professional planner, Michael J. Sullivan, RPP, MCIP.. After reviewing his qualifications and hearing submissions, the Tribunal qualified Mr. Sullivan to provide expert opinion evidence in the area of land use planning. In both his written and oral testimony, Mr. Sullivan opined that the proposal, as narrowed to recognize the existing basement secondary suite, complies with the Official Plan and applicable zoning provisions, does not entail any physical alterations to the property, and appropriately mitigates any potential impacts on the surrounding community. These concerns and the responses have been taken into account in the Tribunal’s findings.

9Disposition of the matter has come before the Tribunal as a motion to present a settlement proposal for the consideration of the Tribunal. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:

i. the uncontested opinion evidence of Michael J. Sullivan, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn November 6, 2025 (marked as Exhibit 1);

ii. Participant Statements filed with the Tribunal in the names of:

Alyson and Fraser Fernie;
Annmarie Thompson;
Eric Hagedorn;
Sharon and Gary Stroud; and
Heather McDermid-Moerman and Larry Moerman

iii. The oral subpoenaed testimony of Ms. Shannon VanDalen, County of Haldimand Planner, and

iv. the Parties’ oral/written submissions in support of the settlement.

Decision and order

10The Tribunal understands that the aforementioned sworn Affidavit evidence of Mr. Sullivan reflects revisions to the Application before the Tribunal that were reached through the cooperative efforts of the Parties.

11The Tribunal’s conclusion is informed by its review of the undisputed planning evidence and the fact that the Application is limited to recognizing an existing basement secondary suite. As no changes to the building envelope or site are required, the Tribunal is satisfied that there are no resulting environmental, servicing, or compatibility impacts. Further, the Tribunal is satisfied that the Application is consistent with PPS 2024 policies supporting additional residential units. Therefore, the Tribunal accepts the opinion evidence of Mr. Sullivan as presented in his Affidavit and similarly finds that the subject Application, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, conforms to County Official Plan and Zoning By-law HC-1-2020, and otherwise reflects principles of good land use planning.

12THE TRIBUNAL ORDERS THAT the appeal is allowed in part, and By-law HC 1-2020 is amended as follows, and as set out in Attachment 1 to this Order.

by changing the zoning of the lands from Lakeshore Residential (RL) zone to Lakeshore Residential (RL) zone with a Special Exception Zone for the property described as RNH PLAN 140 LOT 10, known municipally as 20 Featherstone Street, County of Haldimand, as set out in Schedule 1 to this Order;
the Haldimand County’s Zoning By-law HC 1-2020 be amended by to incorporate a special exception provision for those lands identified on Schedule 1 through the addition of subsection 6.4.8.10 RL.10 as set out in Schedule 2 to this Order;
THAT Subsection 6.4 Special Exceptions is hereby further amended by adding the following:

6.4.8.10 RL.10 In addition to the uses permitted in the RL Zone, a maximum of one (1) secondary suite shall be permitted.

A secondary suite shall only be permitted in the single detached dwelling existing on the date of passage of this By-law. No part of the secondary suite shall be permitted within any addition to the single detached dwelling that occurs after the date of passage of this By-law.

In lieu of the corresponding provisions in Section 4.55 (Secondary Suites), the following shall apply:

Maximum Secondary Suite Size

i. No greater than the size of the basement of the primary dwelling.

the Zoning By-law Amendment to the Haldimand County Zoning By-law HC 1-2020 being subject to no further appeals as amended and as set out in this Order shall be in full force and effect.

The Tribunal authorizes the municipal clerk of the County of Haldimand to assign a number to this by-law for record keeping purposes.

13AND THE TRIBUNAL FURTHER ORDERS that the appeal of David and Dawn Carter is dismissed in all other respects.

"J. Innis"

J. INNIS

MEMBER

Ontario Land Tribunal

Website: www.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.

ATTACHMENT 1

THE CORPORATION OF HALDIMAND COUNTY

By-law Number XXXX-HC/24

Being a by-law to amend Zoning By-law HC 1-2020, as amended, for property described in the name of David & Dawn Carter.

WHEREAS Haldimand County is authorized to enact this by-law, by virtue of the provisions of Section 34 of the Planning Act, R.S.O. 1990, CHAPTER P.13, as amended;

AND WHEREAS this by-law conforms to the Haldimand County Official Plan,

NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as follows:

THAT this by-law shall apply to lands described as RNH PLAN 140 LOT 10, known municipally as 20 Featherstone Avenue and shown on Maps “A” and “B” attached to and forming part of this by-law.
THAT Schedule “A-H7-1” of By-law HC 1-2020, as amended, is hereby further amended by changing the zoning of the subject lands identified on Map “A” (attached to and forming part of this by-law) from Lakeshore Residential (RL) Zone to Lakeshore Residential (RL) Zone with a Special Exception Zone.
THAT Schedule “A-H7-1” of By-law HC 1-2020, as amended, is hereby further amended by delineating the lands identified as the subject lands on Map “A” as having reference to Subsection 6.4.8.10 - RL.10.
THAT Subsection 6.4 Special Exceptions is hereby further amended by adding the following:

6.4.8.10 RL.10 In addition to the uses permitted in the RL Zone, a maximum of one (1) secondary suite shall be permitted.

Maximum Secondary Suite Size

i. No greater than the size of the basement of the primary dwelling.

SCHEDULE 1

SCHEDULE 2