These legal conflicts are particularly significant because zoning changes cannot be revoked once they are approved. The RU designation will stay with the property forever.

County of Haliburton Issues

Section 24 of the Ontario Planning Act

 The proposed rezoning from Shoreline Residential (SR2) to Rural (RU) would go directly against several laws and regulations.

If Council approves this zoning amendment, they would be in contravention of Section 24 of the Ontario Planning Act whose authority rules that Council cannot create a new by-law that does not conform to the Official Plan.

The application to change the zoning from Shoreline residential to Rural is not supported by the County of Haliburton or the Township of Algonquin Highlands Official Plans.

Official Plan

The County of Haliburton does not allow for rural development on properties that do not have direct access to a year round maintained municipal road. This property only has limited access via an adjacent property and fronts 2 private roads. This means the County of Haliburton Official Plan does not support this zoning application.

For more information refer to the County of Haliburton Official Plan.

HCOPOfficeConsolidationFebruary122024.pdf

 Township of Algonquin Highlands Issues

Official Plan

The Township of Algonquin Highlands Official Plan does not support Rural zoning on any property within the waterfront designation of 150 meters, or 492 feet. The subject property begins 70 meters or 229 feet from the shoreline.  Approximately 90% of the property is within the 150 meter waterfront boundary. 

Waterfront Designation

Agriculture is not a permitted use in a waterfront designation. A waterfront designation does not mean it has to have direct access to the shoreline if it has an influence on any lake or river (regardless of whether there are cottages, homes or roadways in front of the property).

The pink waterfront designation and the 150 meter setback are shown below.

Designated Environmental Protection

A portion of the property is located within an Environmental Protection Overlay Zoning as it contains an unevaluated wetland. The Official Plan states “the EP zone will be considered an overlay zone, with the underlying zones remaing in place. No uses are allowed in an EP Zone other than those that existed before the passing of the By-laws. It appears that farm activity and the clear cutting of trees has taken place under the current SR2 zoning.

For more information refer to the Township of Algonquin Highlands Official Plan.

https://www.algonquinhighlands.ca/invest-build/planning/official-plan/

The map of the green Environmental Protection area and the photo with cleared land in the EP zone are shown below

Enforcement of Allowed Activities

With respect to oversight, management and enforcement of agricultural operations at the planned hobby farm, who on the Algonquin Highlands staff is trained and knowledgeable regarding agricultural and farming operations and acceptable legal practices?

Independent Planning Review

An independent Registered Professional Planner was hired to review the application and the County of Haliburton and Township of Algonquin HIghlands Official Plans. After reviewing the documents, consulting with several other professional planners and meeting with the Township of Algonquin Highlands council members and planning department, the following report was created. 

LetterofPlanningOpinion-AH-ZBA-009-24-NatalyaGarrodV6.pdf

What you cannot see in the photographs is that the property sits at a much higher elevation than the shoreline, therefore the water directly runs off this property, across multiple other shoreline waterfront properties and into the lake.  Compounding this, the property sits on 19’ of sand over bedrock, which will do little to filter any animal waste/chemical runoff before entering the lake water.