Appeals to the Ontario Land Tribunal (OLT) | Municipality of Hastings Highlands

Ontario’s Planning Act is the provincial legislation that governs land use planning in Ontario and provides the legal foundation for the tools that planners and municipalities use to make land use planning decisions.

Sometimes people do not agree with the decisions of the Municipality. The Planning Act provides opportunities to appeal decisions made by the Municipality about certain land use planning matters to the Ontario Land Tribunal (OLT).

The Ontario Land Tribunal (OLT) is an independent adjudicative tribunal responsible for resolving appeals and applications on a variety of contentious municipal and land use planning matters.

There are limits on appeals and only those who make a written submission or verbal representation at a public meeting are able to appeal. The Planning Act does not allow members of the public to appeal decisions of the Municipality to the Ontario Land Tribunal (OLT).

To learn more about the Ontario Land Tribunal, go to Ontario Land Tribunal | Citizen’s guide to land use planning | ontario.ca

Updates from the Province

The Province passed Bill 185 which removed the ability for members of the public to appeal any decision of the Municipality for Zoning Bylaw Amendments (Rezonings) and any decision of the County of Hastings on Official Plan Amendments.

Bill 23 was previously passed by the Province to remove the ability of members of the public to appeal Municipal decisions on Minor Variance/Permission Applications and County decisions on Subdivisions and Severances (Consents).

Only applicants, the Municipality, County, or "specified persons" are permitted to appeal to the Ontario Land Tribunal (OLT). A specified person may include Ontario Power Generation, Hydro One, a telecommunications provider, or a person required to have a risk and safety management plan in accordance with the TSSA Act.

Current Appeals

Below are current or recent appeals of the Municipality’s decisions to the Ontario Land Tribunal:

"Natural Vegetative Buffer" (Bylaw 2022-005)

Since 2004, the Municipality’s Comprehensive Zoning Bylaw No. 2004-035 required a 15 metre natural vegetative buffer be maintained along the shoreline with no exception for clearing for access to the water.

The Municipality of Hastings Highlands is a part of the County of Hastings. The County of Hastings updated their Official Plan in 2017. Subsections 26(9) and 27(1) of the Planning Act required Council to amend Bylaw 2004-035 Comprehensive Zoning Bylaw to conform with the County of Hastings Official Plan. Bylaw 2022-005 was presented to Council to amend the Municipality’s Comprehensive Zoning Bylaw to conform with the natural vegetative policies in the County of Hastings Official Plan.

Bylaw 2022-005 “Natural Vegetative Buffer” was passed by Council on May 4, 2022 to amend the Municipality’s Comprehensive Zoning Bylaw No. 2004-035 to require a 30 metre natural vegetative buffer to be maintained along shorelines, with an exception to clear up to 25% or 23 metres (75 feet), whichever is lesser, of shoreline frontage.

The Municipality provided infographics to help explain the changes, including a comparison of the natural vegetative buffer requirements before and after the amendments.

An appeal of Bylaw 2022-005 was received by the Municipality and has been submitted to the Ontario Land Tribunal.

To view a full copy of the Ontario Land Tribunal Decision re: Hastings Highlands Shoreline Preservation Bylaw 2022-005 visit Ontario Land Tribunal Decision – Case No. OLT 22-003939.

OLT File No. OLT-24-000496: Proposed Garage at 180 Sheldon Lane (A-27-2023)

The applicant applied for a Minor Variance Application for a proposed detached garage that did not meet all of the zoning bylaw requirements. The applicant was seeking relief from the Committee of Adjustment for maximum lot coverage, minimum setback from a slope, minimum setback from the front lot line, and the maximum building height.

The Committee of Adjustment heard the Minor Variance Application File No. A-27-2023 on April 17, 2024 and denied the Application.

The applicant of Minor Variance Application appealed the decision of the Committee of Adjustment to the Ontario Land Tribunal (OLT).

The Ontario Land Tribunal (OLT) held a Hearing of the Appeal on July 15, 2024.

The Ontario Land Tribunal found the requested variances meet the criteria decided to allow the variances subject to conditions. The Order by the Ontario Land Tribunal is available on their website.