OMB refuses farm severance application

The Ontario Municipal Board (OMB) has overturned a municipal decision to allow a severance from a farm parcel in the Municipality of West Nipissing.  Consent for the severance had been granted subject to five conditions:

1. That a copy of the new survey be filed with the municipality;

2. Confirmation that all taxes are paid up to date;

3. That all conditions be met on or before October 29, 2010, being one year from the date of the giving of notice or the consent shall be deemed not to have been given as per Section 53(20) of the Planning Act, R.S.O. as amended;

4. That a Transfer/Deed of the land be submitted to the Secretary-Treasurer for issuance of a certificate of consent; and

5. That a notice be placed on the title of both the severed and retained lands that no further severances will be permitted.

Another area farmer appealed the severance consent to the OMB.  The Planning Act in Ontario requires that municipal planning decisions such as the severance be in conformity with the Provincial Policy Statement (PPS).  The PPS provides that prime agricultural areas (Class 1, 2 and 3 soils) shall be protected for long-term use for agriculture.  The OMB concluded:

This is a farming area with agricultural capability that would be fragmented with the creation of another residential lot.  The proposed consent would clearly contravene the policies in the PPS.

Read the Board's decision at: Parsons v. Bourgeois.