HomeMy WebLinkAboutPDS-051-25Public Meeting and Recommendation Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: October 20, 2025 Report Number: PDS-051-25
Authored By:
Submitted By:
Reviewed By:
File Number:
Report Subject:
Shrija Vora, Planner II
Darryl Lyons, Deputy CAO, Planning and Infrastructure Services
Mary-Anne Dempster, CAO
COPA-2025-0011 & ZBA2025-0010 Resolution#:
Official Plan and Zoning By-law Amendment applications to facilitate
the severance of a surplus farm dwelling
Purpose of Report:
The purpose of this report is to provide information to the public and recommend approval if
there are no major concerns raised from the public.
Recommendations:
1.That Report PDS-051-25 and any related communication items, be received;
2.That Staff receive any comments from the public, review agencies, and Council with
respect to the Official Plan and Zoning by-law Amendment applications to facilitate
the severance of a surplus farm dwelling;
3.That the Clarington Official Plan amendment application submitted by the applicant,
be supported and the Official Plan Amendment in Attachment 1 to this report be
approved;
4.That the Zoning By-Law amendment application submitted by the applicant be
supported and the By-law in Attachment 2 to this report be approved;
5.That all interested parties listed in Report PDS-051-25 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-051-25
Report Overview
Clark Consulting Services has submitted applications on behalf of Thornlea Holsteins c/o.
Scott and Victoria Carson for a Clarington Official Plan Amendment and Zoning By-law
Amendment to facilitate the severance of a non-abutting surplus farm dwelling at 4854
Concession Road 5. Provisional approval of the consent application was granted by the
Municipality of Clarington’s Committee of Adjustment on October 24, 2024, and one of the
conditions was that amendments to the Clarington Official Plan and Zoning by-law be
approved to permit the severance. The Official Plan Amendment is to address the deficiency
in lot area, and the Zoning by-law Amendment would prohibit the establishment of any new
residential uses.
The purpose of this report is to obtain public input. If no significant issues are raised by the
public, then staff recommends that Council approve the Official Plan Amendment and Zoning
By-law Amendment contained in Attachment 1 of Report PDS-051-25.
1. Additional Details
1.1 Owner/Applicant: Thornlea Holsteins Ltd. c/o Scott & Victoria Carson
1.2 Agent: Clark Consulting Services
1.3 Proposal: General
To facilitate the severance of a surplus farm dwelling at 4854
Concession Road 5 in Clarke. The retained farm parcel would
consolidate with non-abutting farmlands owned by Thornlea
Holsteins Ltd.
Official Plan Amendment & Zoning By-law Amendment
To address the deficiency in lot area and to prohibit any further
severances and establishment of a residential dwelling.
1.4 Area of Existing Lot: 38.89 hectares
1.5 Location: 4854 Concession Road 5, Clarke (See Figure 1)
1.6 Roll Number: 1817-030-080-13500
1.7 Within the Built Boundary: No
Municipality of Clarington Page 3
Report PDS-051-25
Figure 1: Proposed Severed and Retained Parcels.
2. Background
2.1 Thornlea Holsteins Ltd. operates a dairy farm and produces cash crops. This is a family
farm operation with five farm parcels owned and a number of farms rented. The subject
property is approximately 388,910 square metres (38.89 hectares) in size.
2.2 On September 1, 2022, the owner’s purchased the subject farm to expand the
agricultural operation. The residence on the subject farm is not required for the farming
operation or any of its employees, therefore making it surplus to the farm’s needs.
2.3 The severance of a dwelling rendered surplus as a result of a non -abutting farm
consolidation may be permitted through an amendment to the Durham Region Official
Plan. A privately initiated Durham Region Official Plan Amendment was submitted by
the applicant and approved on April 24, 2024, to facilitate the non-abutting surplus farm
dwelling severance in accordance with the Regional Official Plan policies.
Municipality of Clarington Page 4
Report PDS-051-25
2.4 On September 5, 2024, Clarington received a Consent Application for 4854 Concession
Road. The consent application seeks to create a new lot by severing a dwelling
rendered surplus to a farming operation because of the consolidation of non -abutting
farm parcels. The proposed parcel which contains the dwelling will be 0.323 hectares
and the proposed retained parcel will be 38.567 hectares (see Attachment 2).
2.5 On October 24, 2024, Clarington’s Committee of Adjustment gave provisional approval
to consent application B-2024-0030. One of the conditions of approval included
obtaining approval for an Official Plan Amendment and Zoning By-law Amendment from
municipal council.
2.6 On May 30, 2025, Clarington received a Minor Official Plan and Zoning By-law
Amendment applications (File #COPA2024-0011 & ZBA2024-0010) seeking to address
the deficiency in lot area as the lot area is less than the minimum requirement of 40
hectares and the Zoning by-law Amendment would prohibit the establishment of any
new residential uses and to legalize any zoning deficiencies identified by Staff. The
proposed Zoning By-law Amendment will prohibit housing of livestock in the existing
farm buildings constructed before 2024 as required by the Minimum Distance
Separation (MDS) formulae. It also proposes to prohibit any new establishment of a
residential use and address zoning deficiencies on the retained lot as a result of the
severance application. On the severed parcel the Zoning By-law Amendment will
legalize the reduced lot area and any zoning deficiencies.
2.7 The applicant has submitted the following reports in support of the applications:
Planning Justification Report prepared by Clark Consulting; and
Site Screening Questionnaire (SSQ)/Phase One Environmental Site Assessment
prepared by GHD, dated December 21, 2022
Municipality of Clarington Page 5
Report PDS-051-25
Figure 2: Farms owned by Thornlea Holsteins Ltd (Scott & Victoria Carson) in the Municipality
of Clarington.
3. Land Use Characteristics and Surroundings Uses
3.1 The subject property is generally rectangular in shape with an area of approximately
38.89 hectares (96.10 acres). The subject lands contain an existing one-and-a-half
storey dwelling, barn, frame building, silo, one shed, one metal shed, well and septic
tank. The surrounding uses are as follows (see Figure 1):
a) South – Concession Road 5 and agricultural lands
b) North- primarily and agricultural lands and environmental features
c) East – Townline Road East, and agricultural lands
d) West –agricultural lands and environmental features
Municipality of Clarington Page 6
Report PDS-051-25
4. Provincial Policy
Provincial Planning Statement
4.1 The Provincial Planning Statement (PPS) protects prime agricultural areas for long-term
agricultural uses. The PPS permits lot creation in prime agricultural areas for the
severance of a surplus farm dwelling as a result of farm consolidation subject to the
criteria outlined in Policy 4.3.3.1 (c)., that is the new lot will be limited to a minimum size
needed to accommodate the use and appropriate sewage and water services; and the
planning authority ensures that new dwellings and additional residential units are
prohibited on any remnant parcel of farmland created by the severance. The approach
used to ensure that no new dwellings or additional residential units are permitted on the
remnant parcel may be recommended by the Province or based on municipal
approaches that achieve the same objective .
4.2 The proposal is consistent with the Provincial Planning Statement.
Greenbelt Plan
4.3 The policies of the Greenbelt Plan are intended to protect prime agricultural areas for
long-term agricultural uses. Within the Protected Countryside designation of the
Greenbelt Plan, lot creation is permitted for the severance of a surplus farm dwelling as
a result of farm consolidation, provided that the surplus farm dwelling area is limited in
size and no new residential dwellings are constructed on the retained parcel of
farmland.
4.4 A portion of the property is within the Natural Heritage System of the Greenbelt Plan
(the north portion within the proposed retained parcel). The proposed surplus farm
dwelling severance does not propose any land use change or development in this area.
4.5 The proposal is consistent with the Greenbelt Plan. The proposal conforms with the
Greenbelt Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject property as “Prime Agricultural
Areas.” Within Prime Agricultural Areas the severance of a dwelling rendered surplus as
a result of a non-abutting farm consolidation may be permitted by amendment to the
Regional Official Plan.
5.2 The applicant applied for a site specific Regional Official Plan Amendment (ROPA
2023-002), and it was approved on April 24, 2024.
Municipality of Clarington Page 7
Report PDS-051-25
Clarington Official Plan
5.3 The subject property is designated ‘Prime Agriculture’ and ‘Environmental Protection
Areas’ within the Clarington Official Plan. The predominant use of lands designated
Prime Agriculture shall be for agricultural purposes.
5.4 The severance of a farm dwelling rendered surplus as a result of the consolidation of
non-abutting farms is permitted, provided:
The farm is a minimum of 40 hectares
Within the Protected Countryside of the Greenbelt Plan Area the dwelling was in
existence as of December 16, 2004
The land area of the parcel on which the surplus dwelling would be located is
generally less than 0.6 hectares
The dwelling to be severed is not required for farm employees, and
That the farm parcel is rezoned to prohibit the establishment of any new residential
uses.
5.5 The farm parcel would be 38.57 hectares in size, and the surplus farm dwelling parcel
would be 0.33 hectares. The proposal does not meet the criteria in Section 13.3.9 of the
Official Plan that requires a minimum of 40 hectares for the severance, and therefore an
Official Plan Amendment is required. The proposed Clarington Official Plan Amendment
addresses the deficiency in lot area.
5.6 It is not anticipated that the proposed severance of the surplus farm dwelling will have
any impact on the existing natural heritage features on the property given that all lands
designated Environmental Protection Areas would be maintained on the farm parcel and
residential uses will also be prohibited on the retained farm parcel.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject property as Agricultural Exception (A-1) and
Environmental Protection (EP). The Zoning By-law Amendment proposes to rezone the
retained farm parcel to prohibit housing of livestock in the existing farm buildings that is
close to the residential dwelling, as required by the Minimum Distance Separation
(MDS) formulae, prohibit the establishment of a residential use and legalize any existing
built form zoning deficiencies identifies on the retained lot. On the severed parcel the
Zoning By-law Amendment will reduce the lot area and any existing built form zoning
deficiencies
Municipality of Clarington Page 8
Report PDS-051-25
7. Summary of Background Studies
7.1 A Planning Justification Report prepared by Clark Consulting was submitted in support
of the applications. The Report concludes that the applications to sever a sur plus farm
dwelling meet the objectives and requirements of the Provincial Planning Statement and
Region of Durham Official Plan policies. Although the proposed retained lands
(farmland) are less than the minimum required 40 hectares, the intent and purpose of
the Clarington’s Official Plan and Zoning by-law is maintained. Prohibiting further
residential development or severance helps ensure the proposed severance will not
pose negative impacts to the existing farming operation or cultivated lands.
7.2 The Report also addresses the Minimum Distance Separation formulae. The Report
concludes that there is no livestock facility on the retained farm parcel and that the
housing of livestock in the existing accessory farm structures should be prohibited. The
Report indicates that the proposed applications comply with the MDS formulae
guidelines.
7.3 A Site Screening Questionnaire and Phase One Environmental Site Assessment was
submitted by GHD. The Report concludes that the present land use at 4854 Concession
Road 5 has a low level of concern from an environmental assessment perspective and
is suitable for the proposed severance. No further environmental assessment was
recommended
8. Public Notice
8.1 Given the Canada Post strike, Public Notice were sent out by courier to 13 residents
within 300 metres of the subject lands, including those on the border of Port Hope, on
September 29, 2025. Two public meeting signs were installed on the subject lands
fronting Concession Road 5 and Townline Road East. Details of the proposed
application were also posted on the Clarington Connect platform.
8.2 At the time of writing this report, no public comments were received.
9. Agency Comments
Durham Region
9.1 The Regional Municipality of Durham’s Planning & Economic Development Department,
Regional Works Department, and Regional Health Department have no objection to the
applications given that the proposal conforms to the Durham Region Official Plan.
Ganaraska Region Conservation Authority (GRCA)
9.2 Ganaraska Region Conservation Authority (GRCA) has no objection to the applications.
Municipality of Clarington Page 9
Report PDS-051-25
10. Departmental Comments
10.1 The applications were circulated to the Development Engineering Division and Building
Division of the Planning & Infrastructure Services Department, and the Fire and
Emergency Services Division of the Public Services Department. Neither division nor
department has raised any concern with the applications
11. Discussion
11.1 The Provincial Planning Statement (PPS) encourages the long-term viability of
agricultural areas and limits opportunities to create new parcels in rural and agricultural
areas. The PPS encourages farm consolidations and recognizes that farmers may not
be interested in acting as landlords when acquiring additional farmland. The Durham
Region and Clarington Official Plans allow farm consolidation where possible to ensure
the long-term viability of agricultural operations. The Durham Region and Clarington
Official Plans set out policies regarding severance of a surplus farm dwelling as a result
of farm consolidation. When a surplus farm dwelling is severed, no new residential
dwellings are permitted on the agricultural parcel.
11.2 The Clarington Official Plan policies require that when a surplus farm dwelling is
severed from a farm parcel that is non-abutting, the farm parcel must have a minimum
lot area of 40 hectares. The purpose of this policy is to ensure that the lands are viable
for a farm operation upon severing. The subject lands are less than the minimum of 40
hectares required by the provisions of the Official Plan. The Official Plan also requires
that the severed surplus dwelling lot is generally less than 0.6 hectares.
11.3 The 0.33-hectare residential parcel to be severed is entirely within the Agricultural
Exception (A-1) Zone. The application for a Minor Zoning By-law Amendment would
prohibit future residential development on the retained farm parcel, prohibit the housing
of livestock in farm buildings that were in existence prior to 2024 as required by the
Minimum Distance Separation (MDS) formulae and legalize any existing built form
zoning deficiencies.
11.4 The site-specific zoning for the farm surplus dwelling lot would recognize reduced lot
size of 3,233 square metres (0.33 hectare) instead of the minimum required 4 ,000
square metres (0.4 hectare) and to permit reduced rear yard setback of 4.2 metres
instead of the minimum required 10 metres (metal shed). As the proposed farm surplus
dwelling lot will be a new lot created from the retained parcel, the existing accessory
buildings would create zoning deficiencies. The existing accessory structure to remain
would still be subject to all other zoning requirements of Section 3.1.c) of Zoning By-law
84-63, would not be permitted to use for any occupation for gain or profit con ducted
within or accessory to a dwelling unit or on such lot and, in Staff’s opinion would not
result in any negative impacts.
12. Financial Considerations
12.1 Not Applicable.
Municipality of Clarington Page 10
Report PDS-051-25
13. Concurrence
13.1 Not Applicable.
14. Conclusion
14.1 It is respectfully recommended that public input be received and if no significant
concerns are raised that Council approve the amendment to Clarington’s Official Plan
and Zoning By-law 84-63 to facilitate the severance of a non-abutting surplus farm
dwelling. If there are significant concerns raised, then it is recommended that this report
be referred back to staff (See Attachment 1).
Staff Contact: Shrija Vora, Planner II, (905)623-3379 ext. 2436 or svora@clarington.net.
Attachments:
Attachment 1 – Clarington Official Plan Amendment
Attachment 2 – Zoning By-law Amendment
Attachment 3 – Draft 40R Plan
Interested Parties:
The following interested parties will be notified of Council's decisio n:
Scott & Victoria Carson - Thornlea Holsteins Ltd.
Bob Clark, Clark Consulting Services
Attachment 1 to
Report PDS-051-25 Municipality of Clarington
Purpose: To permit the severance of a non-abutting surplus farm dwelling of
0.32 hectares with a retained farm parcel of 38.57 hectares. The
Official Plan Amendment will permit the retained parcel to be less than
40 hectares.
Location: The subject lands are located at 4854 Concession Road 5 in Clarke at
the intersection of Concession Rd 5 and East Townline Road and has
a total area of 38.89 hectares with 384.86 metres of frontage along
Concession Rd 5.
Basis: This amendment is based on an application submitted by Thornlea
Holsteins Ltd. to permit the severance of a surplus farm dwelling as a
result of the consolidation of non-abutting farm parcels. This
application was supported by a Planning Justification Report and has
been reviewed by public agencies and municipal staff.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
1. In Section 23.19.4. iii), Table 23-1 “Surplus Farm
Dwelling Lot Exceptions” by adding the following
exception:
Table 23-1
Surplus Farm Dwelling Lot Exceptions
Exception
No.
Assessment No. Legal Description Area of
Surplus
Dwelling
Lot (ha)
Area of
Remainder
of Land
(ha)
12 030-080-13500 Part Lot 1, South of 0.32 38.57
(2025) Conc. 5
Implementation: The provisions set forth in the Municipality of Clarington Official Plan,
regarding the implementation of the Plan, shall apply in regard to this
Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official Plan,
regarding the implementation of the Plan, shall apply in regard to this
Amendment.
Attachment 2 to
Municipality of Clarington Report PDS-051-25
Corporation of the Municipality of Clarington
By-law Number 2025-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2025-0010;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 6.4 “Special Exceptions – Agricultural (A) Zone” is hereby amended by
adding thereto, the following new Special Exception Zone 6.4.99 as follows:
6.4.99 Agricultural Exception (A-99) Zone
Notwithstanding Sections 9.2.a., and c.iv), the lands zoned A-99 shall be
subject to the following regulations and the applicable provisions not amended
by the A-99 zone:
a) Lot Area (minimum) 3233 square meters
b) Rear Yard (minimum) 4.2 meters
2. Schedule ‘2’ to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
“Agricultural Exception (A-1) Zone” to “Agricultural Exception (A-97) Zone”;
and
“Agricultural Exception (A-1) Zone” to “Agricultural Exception (A-99) Zone” as
illustrated on the attached Schedule ‘A’ hereto.
3. Schedule ‘A’ attached hereto shall form a part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 24(2) and 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2025.
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk