Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 28, 2026

CASE NO(S).: OLT-25-000693

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: James Rouse c/o Evan Westerby

Subject: Minor Variance

Description: To convert an existing dwelling into an oversized guest cabin

Reference Number: A-2025-0026-M

Property Address: 13 Robin Road

Municipality/UT: Township of Seguin

OLT Case No.: OLT-25-000693

OLT Lead Case No.: OLT-25-000693

OLT Case Name: Westerby v. Seguin (Township)

Heard: April 21, 2026, by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

James Rouse ("Applicant") Evan Westerby

Township of Seguin ("Township") Narmada Gunawardana*

MEMORANDUM OF ORAL DECISION DELIVERED BY N. Rodgers ON April 21, 2026, AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1The matter before the Tribunal is a settlement of an appeal under subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended ("Act") filed by James Rouse Westerby against the decision of the Township of Seguin Committee of Adjustment ("COA") for the denial of a Minor Variance Application A-2025-026-M ("MVA") for the property municipally known as 13 Robin Road ("Subject Lands").

2The Minor Variance ("MV") relief sought under the Township's Zoning By-law 2006-125 ("ZBL") is to:

a. Vary Zoning By-law 2006-125 Section 6.3 Table 6.2 Front Yard Setback from 20 metres ("m"). to 13.1 m; and,

b. Vary Zoning By-law 2006-125 Section 4.1.10 Floor Area of a Guest Cabin from 60 squares metres ("m²") to 73.92 m².

3Planning Staff Report (PL-2025-079) recommended refusal as in the opinion of Township staff, the MVA did not meet the four-part test under s. 45(1) of the Act, and Section 2.6.1 and 3.6 of the Provincial Planning Statement, 2024 ("PPS"). On August 13, 2025, the Township COA denied the MVA.

4In the subsequent months from the Applicant's appeal to the Tribunal, the Parties engaged in discussions that have resulted in a revised site plan and front yard building setback. The Parties executed Minutes of Settlement dated February 2, 2026, and collectively appeared before the Tribunal in support of the appeal.

5Lanny Dennis, a Member of the Canadian Institute of Planner and Registered Professional Planner, appeared on behalf of the Applicant to provide land use planning evidence in support of the settlement. Mr. Dennis was qualified to provide expert opinion evidence in land use planning in this matter following the Tribunal's review of his educational and professional work experience, including his past experience in appearing as an expert witness before the Tribunal.

6The Applicant, with the consent of Township counsel, filed the following Exhibits: Exhibit 1, Minutes of Settlement dated February 2, 2026, and Exhibit 2 Mr. Dennis' Affidavit evidence dated April 7, 2026.

LEGISLATIVE FRAMEWORK

7When making its Decision, the Tribunal must have regard to matters of provincial interest per s. 2 of the Act and, be satisfied that the MV is consistent with the PPS and conforms with applicable provincial plans. The Growth Plan for Northern Ontario ("Northern Growth Plan") applies to the Subject Lands.

Section 45 - Minor Variance

8An appeal under [s. 45](https://www.canlii.org/en/on/laws/stat/rso-1990