Ontario Land Tribunal approves rezoning request for severed lot on Indian Lake Road
RIDEAU LAKES — The Ontario Land Tribunal has approved a zoning bylaw amendment sought by former Rideau Lakes councillor Joan Delaney and her partner, Robert Butcher, allowing a new single detached dwelling on a severed lot at 73 Indian Lake Road to proceed.
In a decision issued Dec. 9, the Tribunal allowed an appeal filed by the pair under subsection 34(11) of the Planning Act, after the Township of Rideau Lakes failed to make a decision on the application within the required timeframe.
Delaney said the outcome was expected.
“We are feeling relieved but not surprised at the ruling,” she told Hometown News on Dec. 14, adding that she believed the application met planning requirements from the outset.
The approximately six-hectare property includes a vacant severed parcel of about 1.12 hectares. Because the lot lies within 500 metres of land zoned Disposal Industrial, a zoning amendment was required to permit a new dwelling.
The severance was approved Nov. 6, 2024. A zoning bylaw amendment application was submitted later that month to rezone the severed lands from Rural to Rural Special Exception.
Township planning staff prepared reports in January and February 2025 recommending approval following consultation with the Ministry of Environment, Conservation and Parks. The Planning Advisory and Committee of Adjustment voted Feb. 12, 2025, to recommend approval to council. Council later deferred the application on March 3, 2025, and no decision was made.
Delaney stepped down from council on March 4. The zoning application and council’s handling of it were reported by Hometown News shortly afterward. The appeal was filed March 20.
At a video hearing held Sept. 25, the Tribunal heard evidence from a land use planner retained by the applicants, a township planner, and a hydrogeologist with the ministry. The Tribunal noted the township did not make submissions or call evidence at the hearing, though legal counsel attended.
The Tribunal accepted expert evidence that groundwater flows away from the subject property, that the former waste disposal site is not required for future use, and that contaminants do not pose a risk to the proposed building location. The decision found the zoning amendment is consistent with provincial policy, conforms with applicable official plans, represents good planning, and is in the public interest.
Delaney was serving as a Rideau Lakes councillor when the zoning application was before council. She declared a conflict of interest and did not participate in discussion or voting on the file.
Because the appeal was allowed by the Tribunal, the zoning amendment does not return to council for approval. The Tribunal ordered the zoning change to proceed and directed the township clerk to complete the administrative steps needed to register the bylaw.
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