Ministry of Municipal Affairs and Housing v. Norfolk County, 2025 CanLII 540

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 2, 2025

CASE NO(S).: OLT-24-000520

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

Appellant: Ministry of Municipal Affairs and Housing

Applicant: Jamie Freeman

Subject: Consent

Description: To create a new dwelling with garage

Reference Number: BNPL2024016

Property Address: 82 Clubhouse Road

Municipality/UT: Norfolk County/Norfolk County

OLT Case No.: OLT-24-000520

OLT Case Name: Ministry of Municipal Affairs and Housing v. Norfolk County

Heard: December 6, 2024, in Writing

APPEARANCES:

Party Name	Counsel
Minister of Municipal Affairs and Housing (“Appellant”)	Joanna Wice Mariam Awan
Jamie Russell Freeman (“Applicant”)	Patrick Maloney

DECISION DELIVERED BY L.P. YOU AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant received approval from the Committee of Adjustment (“COA”) for Norfolk County (“County”) regarding the Consent Application (“Application”) and associated Minor Variance Application to sever and create one additional lot for residential purposes on the lands known municipally 82 Clubhouse Road (“Subject Lands”), in the Turkey Point Community of Norfolk County. This Appeal arises under subsection 53(19) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, by the Minister of Municipal Affairs and Housing (“Appellant”), with respect to the Consent Application.

2Disposition of the matter is a settlement proffered by the Parties for the consideration of the Tribunal. The proposed settlement proposes that one condition shall be added to the conditions set out in the Notice of Decisions for the Application and the effect of this additional condition is that prior to a certificate of consent being issued and prior to the lot being created, the Applicant will have to obtain approval from the Long Point Region Conservation Authority (LPRCA). The additional condition is detailed as follows:

“That the Applicant obtain a permit under section 28.1 of the conservation Authorities Act for the development of Subject Lands.”

3The Tribunal was advised by the Norfolk County (“County”) in writing that the County did not intend to attend the hearing and took no position with respect to the Appeal before the Tribunal.

CONTEXT

4The Subject Lands are located on the east side of Clubhouse Road, towards the southern end of the inhabited part of Turkey Point, and fully regulated by the LPRCA. There is an existing dwelling on the remnant parcel of the Subject Lands. The Application proposed to sever a new residential lot from the southern portion of the Subject Lands. The configurations of the proposed lots (severed and retained) are detailed as follows:

	Severed Lot	Retained Lot
Frontage (metre)	54.01	109.99
Depth (metre)	74.453	74.453 (irregular)
Area (square metre)	4046.9	3337.0

5The County Official Plan designates the Subject Lands as “Resort Residential”. The County Zoning By-Law 1-Z-2014, as amended, zones the Subject Lands as “Rural Residential (RR)”, with both “Marine Commercial (“CM”)” to the south and east, with Provincial Significant Wetland Hazard Land zones located to the west.

FINDINGS

6The Tribunal confirms that it has received the following materials and submissions:

1. the affidavit of Michael Sullivan sworn December 5, 2024 (marked as “Exhibit 1”);
2. The Parties written submissions in support of the Settlement.

7The Tribunal recognized Mr. Sullivan, a Registered Professional Planner (“RPP”), member of the Ontario Professional Planners Institute, and member of the Canadian Institute of Planners, being qualified to assist the Tribunal with opinion evidence in the area of land use planning.

8In the settlement proposal, the Tribunal is advised that the additional condition referred to in the Paragraph [2] is added to ensure that the LPCRA can confirm that the development can be done appropriately on the Subject Lands prior to a lot being created.

9The Appellant raised concerns about flooding and erosion hazards, the need for safe access, and potential negative impacts on natural heritage features adjacent to the Subject Lands in the original Application approved by COA. The Parties reached an agreement to resolve these issues in the settlement proposal.

10The Tribunal understands that the uncontested evidence of Mr. Sullivan reflects a revision to the approval conditions of the Application before the Tribunal that was reached through the cooperative efforts of the Parties.

11The Tribunal accepts the opinion evidence of Mr. Sullivan as presented in his affidavit, and similarly finds that the Application:

a. meets the applicable tests set out in s. 51(24) of the Planning Act, R. S. O. 1990, c. P. 13, as amended (“Act”);

b. has regard for the relevant matters of provincial interest as set out in s.2 of the Act;

c. conforms to the 2024 Provincial Planning Statement, Long Point Region Conservation Authority Ontario Regulation 41/24, County Official Plan, Lakeshore Special Policy Area (section 11 of NCOP), and the County Zoning By-law 1-Z-2014;

d. reflects principles of good land use planning; and,

e. represents Public Interests.

ORDER

12THEREFORE, THE TRIBUNAL ORDERS THAT:

1. That the Appeal is allowed in part, and the provisional consent is to be given subject to the satisfaction of the conditions set out in Attachment 1 to this Order.

“L.P. You”

L.P. YOU 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

1. Receipt of a letter from Norfolk County indicating that their requirements, financial or otherwise have been satisfied including:

   a. Proof that property taxes are paid and up to date, or payment of any outstanding taxes;

   b. Cash-in-lieu of parkland dedication be paid in accordance with Section 51.1 of the Planning Act, R.S.O. 1990, c.p. 13 ($500.00 – amount may be revised from time to time).

2. Subject to approval of the required Minor Variance application: ANPL2024017.

3. Receipt of a letter from the Planning Department indicating their requirements for the completion of an Environmental Impact Study have been completed to the satisfaction of the Planning Department.

4. Receipt of a letter from the Planning Department indicating their requirements for the completion of an Archaeological Assessment have been completed to the satisfaction of the Planning Department.

5. Receipt of three copies of the registered reference plan for the severed parcel of land from the solicitor acting in the transfer.

6. Receipt of three copies of the deed for the severed parcel of land, or if filling by electronic registration, receipt of the PIN print-out and three copies of the Transfer in Preparation from the solicitor acting in the transfer.

7. That the solicitor acting in the transfer provides an undertaking to provide the Secretary-Treasurer with a copy of the first page of the Receipted Transfer upon the completion of the electronic registration.

8. That the Applicant obtain a permit under section 28.1 of the Conservation Authorities Act for the development of Subject Lands.

9. That the included conditions must be fulfilled and the Certificate of Official for consent be issued by the Secretary-Treasurer on or before the lapsing date noted below after which time the consent will lapse.

LAPSING DATE: January 2, 2027