Consent File B-4/2024 Recommendation:
THAT Consent Application B-4/2024, filed by Janet Gibbons c/o Cohen Highley LLP, on behalf of Nicolaas and Colleen Wiendels, in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Part of Lot 7, Concession 12 South, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 10214 Greystead Drive, be GRANTED.
FURTHER THAT Consent B-4/2024 be subject to the following conditions:
1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been met.
2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-4/2024 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
4. That the Owner’s solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent.
5. That the Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.
6. That the Owner enter into a severance agreement with the Municipality in order to advise future owner of the severed lot of Consent B-4/2024 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended.
7. That any outstanding property taxes for the severed and retained lots of Consent B-4/2024 be paid in full.
8. That, if necessary a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
9. That the Owner provide confirmation that the private sewage disposal system that services the residence on the severed lot of Consent B-4/2024 is wholly contained on the said lot and that a 100% contingency area exists, to the satisfaction of the Municipality.
10. That the Owner either be required to drill a new well on the lands to be severed, or confirm its location will be wholly contained on the said lot, to the satisfaction of the Municipality.
11. That the severed and retained land requires their own entrance and address; and any laneway connecting the retained and severed land shall be altered in such a way that one cannot travel from one parcel of land to the other.
12. That the hydro service for the retained lands be subject to an easement.
13. That a Zoning By-law Amendment that recognizes the residential use of the severed lot and includes any require limitations for development, and prohibits any additional residential use on the retained lot of Consent B-4/2024 be in full force and effect.
14. That a change of use permit be required for any existing barns to remain with the agricultural lands to ensure the building is only used for storage and any / all capabilities of housing livestock are removed.
FURTHER THAT the reasons for granting Consent Application B-4/2024 include:
• The proposal is consistent with the Provincial Policy Statement;
• The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
• Subject to the conditions, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law.
Consent File B-8/2024 Recommendation:
THAT Consent Application B-8/2024, filed by Janet Gibbons c/o Cohen Highley LLP, on behalf of Nicolaas and Colleen Wiendels, in order to establish a shared access and maintenance easement for an existing hydro line servicing the retained lands across the severed land, for a lot legally described as Part of Lot 7, Concession 12 South, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 10214 Greystead Drive, be GRANTED.
FURTHER THAT Consent B-8/2024 be subject to the following conditions:
1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled.
2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-8/2024 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
4. That the Owners’ solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent.
5. That the Owners’ solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.
6. That any outstanding property taxes for the subject lands of Consent B-8/2024 be paid in full.
AND FURTHER THAT the reasons for granting Consent application B-8/2024 include:
• The proposal is consistent with the Provincial Policy Statement;
• The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
• Subject to the conditions, the proposal complies with the Middlesex Centre Comprehensive Zoning By-law.