HomeMy WebLinkAboutPD-113-88 DN: 113-88
U(/1,4i, TOWN OF NEWCASTLE f�A�
REPORT File # /
Res. # -��
�. By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, June 6, 1988
REPORT #: pD-113_88 FILE #: PLN 30.4
SU&ECT: PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN
RESPECTING FARM CONSOLIDATION POLICIES
OUR FILE: PLN 30.4
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-113-88 be received; and
2. THAT the Commissioner of Planning of the Region of Durham be advised that
the Town of Newcastle concur with the proposed amendment to the Durham
Regional Official Plan as contained in Appendix 1 of the Region's
Commissioner's Report 87-130; and
3. THAT a copy of Report PD-113-88 be forwarded to the Region.
1 BACKGROUND:
1.1 On July 9, 1987, the Region forwarded a proposed Amendment to the Town
Council for its consideration. The purpose of the amendment is to clarify
the policy related to Farm Consolidation. (copy of Amendment is attached
as Attachment No. 1.
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B8P0BT 0O. : 9D-I13-88 PAGE 3
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1.2 The Durham Regional official Plan permits severance of an existing
residential dwelling from a farm provided such a farm is to be
consolidated with another farm and subject to such a dwelling is not
needed for farm employees or for farmer's retirement purpose.
1.3 Over the years, the Land Division Committee has taken the interpretation
that the word "consolidation" need not be restricted to an abutting
situation and could apply to a situation where the farm to be acquired
could be miles away. In so doing, the Land Division Committee was
cognizant of the fact that this type of consent approval, without
merging of the farm parcels, will create m separate parcel whereby a new
non-farm residential dwelling could be erected thereon. To address the
situation, the Land Division Committee imposed a condition requiring the
applicant to dedicate m One Foot Reserve along the entire frontage of
the, to be acquired, farm parcel as o mean to prohibit the farm parcel
being used for residential purpose. '
1^4 This method of imposition of one Foot Reserve dmaa not provide for a
permanent solution. It encourages the applicant to subsequently
approach the Town to have the One Foot Reserve removed and the Town will
be put into a very difficult position to have to deal with o situation
it did not create in the first place.
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1.5 Regional Staff recognized the aforementioned problems, and therefore
initiated a proposed amendment to address this issue. However, prior to �
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finalizing the amendment, the Region is requesting the Town's comment on !
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this matter.
2 COY08D0T8:
3^1 The proposed amendment attempts to eliminate any ambiguity in the
interpretation of farm consolidations. The new policy proposed will
require all farm consolidation to be abutting situation. Therefore, if
a farmer wishes to acquire an abutting farm to enlarge his operation and !
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at the same time to dispose of any surplus farm dwelling not required �
for farm help or retirement purpose, he will be permitted to do so under
the proposed policy.
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REPORT ND. : PD-113-88 PAGE 3
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2.2 If a non-abutting farm is to be acquired, the proposed policy would not
be applicable and any proposed severance to dispose surplus dwelling
will be considered as creating ucm-tacm residential use.
2.3 Apart from clarifying the interpretation of consolidation, the proposed
new policy also eliminates the need for the Land Division Committee to
impose One Foot Reserve in situations where the farms do not abut.
2.4 Staff feel that the proposed policy change in the Durham Regional
official Plan will provide better policy direction to the Land Division
Committee in its assessment of consent applications and will, at the
same time, eliminate costly Ontario Municipal Board Hearings and
eliminate subsequent requests to Town Council for lifting of One Foot
Reaezveo /
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2.5 Accordingly, Staff is recommending to the Committee and Council that the
Town concurs with the pcuDnaed amendment.
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu 'Lawce Kotaeff
Director of Planning 6 Development Chief & mi otrative officer �
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FW*]ip
*Attach.
May II, 1988
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APPENDIX I TO COMMISSIONER 'S REPORT NO. £37- 130 `A)
PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN
PURPOSE: The purpose of this amendment is to clarify the policy for farm
consolidation in Permanent Agricultural Reserves , General
Agricultural Areas and Major Open Space Areas.
PROPOSED The Durham Regional Official Plan is amended as follows:
AMENDMENT:
1. Sections 11.2.6 b) and 12.2.4. b) are revised by deleting the
word "acquired" in the second line and replacing it with "merged
with an abutting property". The revised Sections would read as
follows:
For an existing farmhouse from a farm which farm is to be merged
with an abutting property for farm consolidation purposes
subject that such a use is not needed for a farm employee's
dwelling or as a farmer's retirement dwelling; and
2. Section 16.9.5 b) is revised by deleting the words "as a result
of farm consolidation" in the first line and replacing it with
"if the farm is to be merged with an abutting property for farm
consolidation purposes and". The revised section would read as
r follows:
A lot containing an existing farmhouse if the farm is to be
merged with an abutting property for farm consolidation purposes
and if the Land Division Committee has satisfied itself that
such a dwelling is not needed for a farm employee's dwelling or
as a farmer's retirement dwelling.
IMPLEMENTATION: The provisions set forth in the Durham Regional Official Plan,
as amended, regarding the implementation of the Plan shall apply
in regard to this Amendment.
INTERPRETATION: The provisions set forth in the Durham Regional Official Plan,
as amended, regarding the interpretation of the Plan shall apply
in regard to this Amendment.
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