Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2026
CASE NO(S).: OLT-25-000609
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Michael Opdam
Subject: Minor Variance
Description: Request for a public inspection centre to be permitted has home industry
Reference Number: A04/2025W
Property Address: 21205 Rattler Road
Municipality/UT: Township of Wainfleet
OLT Case No.: OLT-25-000609
OLT Lead Case No.: OLT-25-000609
OLT Case Name: Opdam v. Wainfleet (Township)
Heard: November 25, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Michael Opdam ("Appellant") | Patrick Maloney Andrea Mannell |
| Township of Wainfleet ("Township") | Jennifer Stirton |
MEMORANDUM OF ORAL DECISION DELIVERED BY L.P. YOU ON NOVEMBER 25, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND CONTEXT
1The appeal arises under s. 45(12) of the Planning Act, R. S. O. 1990, c. P.13, as amended ("Act"), by the Appellant with respect to the Township's Committee of Adjustment's ("CoA") refusal of the application for a minor variance ("Application") for a public inspection centre to have home industry on the lands municipally known as 21205 Rattler Road ("Subject Lands").
2Township staff recommended refusal of the Application to the CoA, which ultimately denied the Application following the staff's recommendation.
3The Parties advised the Tribunal in writing that a settlement had been reached between the Appellant and the Township. The Tribunal advised that, regardless of any agreement reached resolving the issues between the Parties, a minor variance hearing before the Tribunal is de novo, and accordingly, the Tribunal must be satisfied on the evidence presented that all necessary legislative tests under the Act have been met.
4The Parties stated that the settlement proposal added Conditions of Approval ("Conditions") to the original Application and jointly requested the Tribunal authorize the requested variance permitting the following relief from the Township Zoning By-Law No. 034-2014 ("Township ZBL"), subject to those Conditions, as follows:
Variance: To permit a "public inspection centre" as a home industry as defined and regulated by Township's Zoning By-Law No. 034-2014.
Conditions:
- That the permission only applies to the inspection of fire trucks; and
- That the permission prohibits any repairs of fire trucks.
STATUS REQUEST
5The Tribunal did not receive any requests for Party or Participant status. In response to the Tribunal's inquiry, there were no other individuals nor entities present at the Hearing requesting for Party or Participant status.
EXHIBITS
6The Joint Book of Documents was marked as Exhibit 1 during the Hearing.
NOTICE OF HEARING
7There was no issue with Notice of this Hearing, and therefore, no further Notice is required.
EVIDENCE AND SUBMISSIONS
8The Tribunal confirms that it received, reviewed, and considered the uncontested opinion evidence of Steven Rivers, as tendered orally, affirmed November 25, 2025. Mr. Rivers was qualified by the Tribunal to provide expert opinion evidence in the area of land use planning.
9The Tribunal heard the history of the Application, as well as the proposed Conditions. Mr. Rivers described the purpose of the proposed variance and how it met the legislative tests set out in s. 45 of the Act.
10Mr. Rivers demonstrated his overview of the relevant policies of the Provincial Planning Statement, 2024 ("PPS 2024"). He stated that these policies spoke to the development within a rural settlement area and the protection of long-term agricultural resources and operations. Further, he indicated that the proposed public inspection centre was compatible with, and would not hinder, the surrounding agricultural operations. Mr. Rivers added that the public inspection centre would not create adverse impacts on the surrounding agricultural system. It was Mr. Rivers' opinion that the Application was consistent with the relevant policies of the PPS 2024.
11In Mr. Rivers' evidence, on the review of the former Regional Municipality of Niagara Official Plan ("former Region OP"), he stated that the Subject Lands were mapped as an area of archaeological potential, but the requirement of Stage 1 Archaeological Assessment was not applicable as no site alteration nor structures/buildings were proposed on the Subject Lands. He added that requested permission in the Application would ensure agriculture continued to be the predominant land use in prime agricultural areas and would not conflict with the agriculture land use in the area.
12Mr. Rivers presented the objectives of the Township Official Plan ("Township OP") and stated they were to ensure the appropriateness of permitted home industry while prime agricultural areas, for use agriculture, were protected properly and the home industry provided services to the rural community. Mr. Rivers confirmed that the public inspection centre was proposed to accommodate the service needs of the local community and would be limited to the premises on an existing driveway without negative impacts on adjacent properties, nor the surrounding agricultural needs.
13Mr. Rivers also confirmed that the Application met the minimum distance separation formulae as required in the policy of the Township OP.
14In summary, Mr. Rivers opined that the Application maintained the general intent and purpose of the former Region OP and the Township OP.
15Mr. Rivers opined that the safety inspections of fire apparatuses were similar to the permitted "home industry" use inspections of the homeowner's commercial vehicles. Further, he indicated that the proposed public inspection centre was small scale and was accessory to the existing single-detached dwelling. In Mr. Rivers' opinion, the Application maintains the general intent of the Township ZBL and is considered minor in nature.
16It was Mr. Rivers' opinion that the Application was desirable for the continuous use of the Subject Lands for annual Ministry of Transportation safety inspections for municipal fire apparatuses. Further, Mr. Rivers repeated that the Application would not create negative impacts on the surrounding agricultural operations and resources. He concluded that the Application was desirable for appropriate use of the lands.
17Mr. Rivers testified that the Township staff supported the Application, subject to the Conditions. Further, he indicated that he reviewed and agreed with, said Conditions.
18Township's counsel confirmed that the Township supported the approval of the Application, subject to the Conditions.
FINDINGS AND CONCLUSION
19Through Mr. Rivers' evidence related to PPS 2024 and the former Region OP and Township OP, which are similar to applicable matters of interest, such as protection of agricultural resources and operation, orderly development of safe and healthy communities, he indirectly addressed s. 2 of the Act.
20The Tribunal finds that the uncontested evidence of Mr. Rivers is acceptable and that the Application has relevant regard to the matters under s. 2 of the Act, is consistent with the PPS 2024, represents good planning, is in the public interest, and meets the four tests as set out in s. 45 of the Act.
ORDER
21THE TRIBUNAL ORDERS THAT the appeal is allowed, and the below variance to By-law No. 034-2014 is authorized, subject to the conditions in Attachment 1 to this Order:
To permit a "public inspection centre" as a home industry as defined and regulated by Township's Zoning By-Law No. 034-2014.
"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
Conditions of Approval
- That the permission only applies to the inspection of fire trucks; and,
- That the permission prohibits any repairs of fire trucks.