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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. . . .2 B8P0BT 0O. : 9D-I13-88 PAGE 3 ________________________________________________________________________ 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. ' 1.5 Regional Staff recognized the aforementioned problems, and therefore initiated a proposed amendment to address this issue. However, prior to � ! finalizing the amendment, the Region is requesting the Town's comment on ! / 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 ! | 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. ff(A) REPORT ND. : PD-113-88 PAGE 3 _______________________________________________________________________________ 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 / ^ � 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 ^ / __--_-__________--____-____- / ' 4 -- - � _r----- Franklin Wu 'Lawce Kotaeff Director of Planning 6 Development Chief & mi otrative officer � \ / . v ! FW*]ip *Attach. May II, 1988 � 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. I S9