LOWBANKS—The Ontario Land Tribunal (OLT) is set to make a decision regarding a proposed seasonal development community that would be located at 63 Pyle Road in Lowbanks following a Merit Hearing held on December 9, 2024.
The proposal was initially set for refusal by the previous term of Council at a meeting in August 2020, but proponent LJM Developments requested a deferral to review and address some of the County’s concerns.
In 2021, the County discussed the land while preparing its Official Plan update, ultimately deciding against the proponent’s request to re-zone the land from agricultural to as part of the resort residential node boundary in the area.
From there, a requested Council appearance from LJM was delayed by the proponent from February 2023 to January 16, 2024. The proponent filed their application to the OLT on January 11, 2024 and did not appear before Council. At the time, Shannon Van Dalen noted the official reason given in LJM’s application was the delay in making a decision on the rezoning issue.
The issue has since played out before the OLT panel, with a video hearing on May 17.
A document detailing that hearing notes the development would include 173 seasonal cottages, a community centre with a multi-use sports field and a double tennis court, as well as a multi-use trail and other open space uses.
At the hearing, a draft procedural order was received. LJM’s counsel expressed concerns with the County’s policies related to settlement areas, contending that the development would be outside an existing settlement area, while the County’s counsel remained in opposition.
A follow up hearing took place between November 4-14.
According to OLT’s documentation on the matter, issues discussed included whether the proposed development was consistent with the Provincial Policy Statement, Haldimand’s Growth Plan (2020), and Haldimand’s Official Plan, and whether or not it represents good planning or is in the public’s best interest.
A final, one-day merit hearing took place on December 9, where participants included three Lowbanks residents who registered to participate.
OLT Communications rep Elizabeth Meneses Del Castillo said of the December 9 hearing, “A merit hearing, also known as a hearing on the merits, is a type of hearing event where those persons who the OLT granted party status at the case management conference (CMC) may fully participate in the hearing and may present evidence, call and/or cross-examine witnesses, or present final submissions.”
“A decision will be issued subsequent to the Merit Hearing,” added Del Castillo. A final order for this case had not been issued as of publication.
The development was strongly opposed by neighbouring residents when the OLT application was announced back in January.
A letter written by residents Adrian and Hortense Verburg explained some of the community’s concerns.
“This piece of land is one of the most environmentally vulnerable pieces of land in Haldimand, due to elevation, wind, and water erosion,” they wrote, noting the site “is often subjected to gale force winds” that have damaged existing area buildings.
The letter further questioned whether ongoing erosion would be a barrier to establishing safe access to the beach: “The top of the bank continues to collapse and can fail at any moment. Anyone on the top or below can be seriously injured.”
Other concerns related to the disruption of the quiet way of life enjoyed by nearby residents.
Del Castillo concluded, “The Tribunal is unable to comment on active cases or decisions as doing so could compromise, or appear to compromise, the independence of the Tribunal and its ability to provide impartial dispute resolution services. Please note that when the matter is complete a Tribunal member will issue their final decision. The Tribunal aims to produce these decisions within 60 days, but some decisions may take longer.”
The Press reached out to Haldimand County to provide some insight into their continued opposition to the proposed development, but did not receive a response ahead of publication.
The Press will report on the final decision once it has been delivered.
