Rowan v. Town of Erin
The Appellant/Applicant owns property approximately 40.9 hectares and is zoned agricultural and environmental protection. She seeks to sever a 1.1 hectare parcel with the intention of creating a new residential lot. The County’s Land Division Committee refused her severance application and the matter is now before the Board on appeal. The Town’s planning staff reviewed the severance application and did not support the proposed severance.
The Board finds the evidence of the Town’s planner to be uncontroverted and unchallenged. The Appellant/Applicant’s evidence was the only planning evidence given at the hearing and the Board accepts her evidence. While the Board may be sympathetic to the reasons given by the Applicant in seeking the severance, financial security is not planning evidence. The Board is required to decide on the planning merits of an appeal before it. Further, the agricultural severance policies of the county and the Town’s Official Plan also address new residential lot creation in prime agricultural areas and the conditions upon which they will be allowed. The Applicant’s proposal does not meet these criteria nor does it appropriately address the criteria found in subsection 51(24) of the Planning Act.