Quinte Conservation decisions upheld by Ontario Land Tribunal

For the second time in six months, a Quinte Conservation decision to deny a development permit has been upheld by the Ontario Land Tribunal.

On January 9, the OLT dismissed an appeal to issue a permit for construction of a single family dwelling on a vacant lot located in the flood hazard of Lake Ontario and a Provincially Significant Wetland (PSW).

Last June, an appeal was dismissed regarding the conservation authority’s refusal to issue a permit for almost 1200 square feet of permanent structures located within the flood hazard of the Bay of Quinte.

In this appeal, the OLT found the application for development in the flood hazard failed to demonstrate that the construction will have no effect on the control of flooding, erosion, pollution, and conservation of land. The Tribunal also determined that the sections within the QC Policy Manual, which was created for the purpose of guiding and enacting the powers of the Conservation Authority could not be met. The Tribunal further found that the application is not consistent with Section 3.1 – Natural Hazards of the Provincial Policy Statement (PPS), which generally directs development away from Natural Hazards.

Regarding the dismissed appeal from last June, the OLT found the application for development in the flood hazard and within the setback of a PSW could not guarantee there would be no impact on conservation of land, and that sections of the QC Policy Manual could not be met. Further, the Tribunal found that there was no evidence provided that the mitigation measures proposed by the applicant would be effective and that the application is not consistent with Sections 2.1 – Natural Heritage, 2.2 – Water and 3.1 – Natural Hazards of the PPS.

Conservation officials say the dismissal of both appeals reinforces their work to protect the watershed and residents from natural hazards as well as protecting critical ecological Natural Heritage features.