This policy discussion paper has been prepared for the Town of Whitby by Meridian Planning Consultants with the assistance of GLPi.

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2 table of contents 1.0 INTRODUCTION LOCATION OF AGRICULTURAL AREA IN WHITBY THE STATE OF AGRICULTURE IN WHITBY PROVINCIAL POLICY AND AGRICULTURE Provincial Policy Statement Greenbelt Plan Oak Ridges Moraine Conservation Plan The Growth Plan REGIONAL POLICY AND AGRICULTURE OVERVIEW OF CURRENT TOWN POLICY FRAMEWORK ANALYSIS Protecting Agricultural Land in Whitby Beyond Location of Prime Agricultural Area Versus Prime Agricultural Lands Lot Creation in Prime Agricultural Areas Provincial Guidelines Lot Creation for Agriculture-related Uses Lot Creation for Residence Surplus to a Farming Operation Other Permitted Forms of Lot Creation Permitted Uses in Prime Agricultural Areas The Minimum Distance Separation Formulae DIRECTIONS note: This draft policy discussion paper has been prepared to provide context, stimulate discussion and allow for comment by council, agencies and the public. A draft direction in a policy discussion paper is a proposal to modify or enhance existing official plan content or propose new official plan content. The draft directions do not necessarily represent the position of the Town of Whitby or changes that may be considered to the official plan. author: This policy discussion paper has been prepared for the Town of Whitby by Meridian Planning Consultants with the assistance of GLPi. GLPi planning for agriculture draft (november 2011) 1

3 1.0 INTRODUCTION An Official Plan is a general land use guide which is intended to provide Council with the basis for making decisions on development applications, changes in land use and community improvements. As set out in the Overview Paper, the Whitby Official Plan Review was initiated in 2007 and in addition to considering changes to Provincial and Regional policy as is required by the Planning Act, the Official Plan Review process provides the Town of Whitby with an opportunity to: 1. Re-inforce a number of key policies in the current Official Plan that have worked well and supported desirable development in the right places; 2. Incorporate new policies in the Official Plan that reflect society's desire to foster and encourage the establishment of both a healthy and complete community in Whitby; and, 3. Incorporate new policies on sustainable development that strike a balance between competing environmental, social and economic interests in order to ensure a high quality of life for future generations in Whitby. The overall intent of the above has at its core the desire to enhance the quality of life for Whitby residents and establishing a very desirable community where residents can live, work and play. It is on this basis that the 'opportunities' identified above are the principal goals of the current Whitby Official Plan Review. This paper is about planning for agriculture. In addition to there being a large urban area in the Town, there is also a large rural area that is the site of a range of agricultural and other uses. While some of this rural area is subject to the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan, and therefore permanently protected, there are other rural lands that are neither permanently protected nor in the urban area that need to be planned for as well. It is on this basis that this Policy Paper reviews the policy framework that applies to rural areas that are not within the natural heritage system or the urban area (current and proposed). The amount of rural area in the Town that is not within the natural heritage system and is not within an urban area is becoming smaller as a consequence of the continuing urbanization of the Town, the Region of Durham and the Greater Toronto Area in general. While certain rural lands are permanently protected as mentioned above, the remaining lands are not permanently protected and over time, they will be the subjects of future planning exercises that will determine how these lands will eventually be brought into the urban area. The intent of this Policy Paper is to review the function of the rural area and establish possible Directions for consideration as part of the Official Plan Review. planning for agriculture draft (november 2011) 2

4 2.0 LOCATION OF AGRICULTURAL AREA IN WHITBY The Agricultural area of the Town is comprised of the non-urban lands that are identified as Prime Agriculture as Schedule B Map B3 of the Region of Durham Official Plan (Oak Ridges Moraine) and Prime agricultural area on Schedule A Map A4. Map 1 shows the location of this area as identified on the Schedules to the Town of Whitby Official Plan. Lands that are to be added to the urban area by ROPA 128 adjacent to Brooklin are also shown (it is noted that as of November 2011, these lands were not approved for urban development). Map 1 also shows that there are a number of areas in the Town where the Agricultural designation in the Town of Whitby Official Plan is now within the Natural Heritage System established by the Greenbelt Plan. Map 1 also shows that the location of the Agricultural designation in the Town s Official Plan is no longer in conformity with the extent of the designation in the Region of Durham Official Plan, once the Natural Heritage System identified by the Greenbelt Plan has been taken into account. For the purposes of this Policy Paper, the lands identified as prime agricultural areas in the Region of Durham Official Plan are considered to be the prime agricultural area, as defined by the Provincial Policy Statement, which is discussed in Section 4.1 of this Policy Paper. planning for agriculture draft (november 2011) 3

5 Map 1: Location of Prime Agricultural Area in Whitby planning for agriculture draft (november 2011) 4

6 3.0 THE STATE OF AGRICULTURE IN WHITBY In March 2010, a Profile of Agricultural and Agri-Business attributes was prepared for the Greater Toronto Area (GTA). Included within this document were a series of statistics presenting an overview of the agricultural sector in the GTA. A significant amount of data on both the Town of Whitby and Region of Durham is contained within this report. The following section presents an overview of key statistics contained in this document, particularly those impacting Whitby. The report notes that 52% of the total land within the Region of Durham and 46% of the total land within the Town of Whitby consists of farmland. In 2006, the Region of Durham had a total of 1,686 farms representing a total of 326,702 acres. The total gross farm receipt for these areas was $239,539,007 or around $733 per acre. During this same period the Town of Whitby had a total of 82 farms representing a total of 24,540 acres. The total gross farm receipts in 2006 for Whitby were $27,192,220 or around $1,107 per acre. This figure represents a decline of 24% since 2001, when gross farm receipts were $35,651,487 or around $1,730 per acre. When tracking the number of farms in the Region of Durham between 1981 and 2006, it is noted that the total number of farms decreased from 2,495 to 1,686 as shown on Figure A1.7 below. Total farmland acres in the Region also decreased from 373,611 acres in 1981 to 326,702 acres in During this same period the Town of Whitby saw a decline in the total number of farms from 196 to 82 as shown on Figure A1-8d. The Town also experienced a decline in total farmland acres from 29,486 to 24,540 between 1981 and It is worth noting that between 2001 and 2006 the Town saw an increase in farm acreage from 20,591 in 2001 to 24,540 in 2006 and an increase in farms from 80 to 82. planning for agriculture draft (november 2011) 5

7 planning for agriculture draft (november 2011) 6

8 Of the 24,540 acres of farmland located within the Town of Whitby, approximately 10,690 acres is owned and 10,233 acres is rented as shown on Figure 11d. According to the Agricultural Report ownership of land can have many benefits including capital investment and type of commodities grown, which are less likely to occur if land is rented. planning for agriculture draft (november 2011) 7

9 The average farm size for Whitby in 2006 was 299 acres. This represents an increase from an average farm size of 204 acres in 1991 as shown on Figure A1-21e. These figures are consistent with Provincial trends. planning for agriculture draft (november 2011) 8

10 Items impacting the number and size of farms within the Town could include the aging farm population, trends in the lifestyle and hobby farm sector and changes in farm markets. Another factor may include the ongoing provincial trend towards farm amalgamations. With respect to the type of farming occurring within Whitby, the largest number of farms were involved in Miscellaneous Specialty (31 farms) followed by Grains and Oil Seed (14 farms). Within the GTA, Miscellaneous Specialty Farms tend to dominate in areas that are in close proximity to urban concentrations. The largest type of Miscellaneous Specialty farms in the Town, were Horse and Pony (8 farms) followed by Nursery Product and Sod (8 farms). 4.0 PROVINCIAL POLICY AND AGRICULTURE 4.1 PROVINCIAL POLICY STATEMENT The Provincial Policy Statement, 2005 (PPS) issued under the authority of Section 3 of the Planning Act, provides policy direction on matters of provincial interest related to land use planning and development. The PPS recognizes that the long-term prosperity of the Province depends on the protection of the natural heritage, water, agricultural, mineral, cultural and archaeological resources. Part IV, Vision for Ontario s Land Use Planning System, of the PPS states that the natural heritage resources, water, agricultural lands, mineral resources and cultural planning for agriculture draft (november 2011) 9

11 heritage and archaeological resources provide important environment, economic and social benefits. The long-term wise use and management of these resources is a key Provincial Interest and it is important that these resources are managed sustainably to protect essential ecological processes and public health and safety, minimize environmental and social impacts, and meet its long-term needs. Section of the PPS states prime agricultural areas shall be protected for longterm use for agriculture. The PPS defines Prime Agricultural Area as: Areas where prime agricultural lands predominate. This includes: areas of prime agricultural lands and associated Canada Land Inventory Class 4-7 soils; and additional areas where there is a local concentration of farms which exhibit characteristics of on-going agricultural. Prime Agricultural Areas may be identified by the Ontario Ministry of Agriculture and Food using a valuation procedures established by the Province as amended from time to time or may also be identified through an alternative agricultural land evaluation system approved by the Province. The PPS defines Prime Agricultural Land as land that includes specialty crop areas and/or Canada Land Inventory Classes 1, 2 and 3 soils, in this order of priority for protection. The CLI is the primary system for assessing the quality and capability of agricultural land and consists of 7 classes of agricultural land: Classes 1 to 3 are considered prime agricultural land; Class 4 land is considered marginal for field crops; and, Classes 5 to 7 lands are considered capable for limited uses and production such as pasture and hay production. As noted previously in this report, the prime agricultural area in the Town of Whitby is considered for the purposes of this Policy Paper and in accordance with the Region of Durham Official Plan, to be those lands that are identified as such on the Schedules to the Region of Durham Official Plan. This distinction is being made, since the Region of Durham Official Plan also indicates that prime agricultural lands are also presents within the Major Open Space Area designation, which generally applies to lands that are to the south of Highway 7/Winchester Road and which are not in the Region s Urban Area. It is important to note that the PPS does not simply require the protection of prime agricultural land ; it requires the protection of prime agricultural areas. Therefore, in designating agricultural lands for protection in the Official Plan, the Town must consider the definition of prime agricultural area which includes prime agricultural lands and associated CLI Class 4-7 soils and areas where there are local concentrations of active farms. As noted above, the lands identified as prime agricultural land in the Region of Durham Official Plan are considered to be a prime agricultural area as per the PPS. planning for agriculture draft (november 2011) 10

12 The PPS identifies the following uses and activities permitted in prime agricultural areas: agricultural uses, secondary uses and agriculture-related uses. The PPS defines agricultural uses as the growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including accommodation for full-time farm labour when the size and nature of the operation requires additional employment. 4.2 GREENBELT PLAN The Greenbelt Plan establishes three types of geographic specific policies that apply to lands within the Protected Countryside, which is the one land use designation established in the Greenbelt Plan. The three geographic specific policy areas are the Agricultural System, the Natural System and Settlement Area. It is noted in the Greenbelt Plan in Section that the Protected Countryside contains an Agricultural System that provides a continuous and permanent land base necessary to support longterm agricultural production and economic activity. The Agricultural System is comprised of two Specialty Crop Areas, namely the Niagara Peninsula Tender Fruit and Grape Area and the Holland Marsh, prime agricultural areas as designated within municipal official plans, and certain rural areas that are comprised of a mixture of agricultural lands, natural features and recreational and historic rural land uses. Given the definition of prime agricultural areas in the Greenbelt Plan, the lands identified as such in the Region of Durham Official Plan are considered to be the prime agricultural area in the Greenbelt Plan. It is noted that rural areas in the Greenbelt Plan are those lands that area designated as rural or open space within municipal Official Plans. In the case of the Region of Durham and the Town of Whitby Official Plans, this means that lands within the Major Open Space designation south of Highway 7/Winchester Road in the Town of Whitby are not considered to be within a prime agricultural area. The policies that apply to prime agricultural areas in the Greenbelt Plan are consistent with the Provincial Policy Statement. 4.3 OAK RIDGES MORAINE CONSERVATION PLAN The Oak Ridges Moraine Conservation Plan also establishes a Countryside Area designation, similar the Protected Countryside designation in the Greenbelt Plan. Within this Countryside Area are lands that are considered to be prime agricultural lands. In this case, prime agricultural area is land that is either designated prime agricultural land in the relevant Official Plan or identified as such through an alternative agricultural land evaluation system approved by the Government of Ontario. The Oak Ridges Moraine Conservation Plan permits a range of uses in Countryside Areas and indicates that of all the uses permitted, small-scale commercial, industrial, institutional uses and major recreational uses are not permitted in prime agricultural planning for agriculture draft (november 2011) 11

13 areas. The policies in the Oak Ridges Moraine Conservation Plan are generally consistent with the policies of the Greenbelt Plan and the Provincial Policy Statement, with the exception that the Oak Ridges Moraine Conservation Plan permits the creation of lots in prime agricultural areas for retiring bodify farmers. This permission was removed from the 2005 PPS, as will be discussed in Section 7.3 of this Policy Paper. 4.4 THE GROWTH PLAN The Growth Plan requires municipalities to establish urban boundaries and to accommodate a significant proportion of expected growth as intensification. As a consequence of establishing urban boundaries, an area of land outside of those urban boundaries and not subject to the Greenbelt Plan or the Oak Ridges Moraine Conservation Plan is therefore created and it has been identified by many as the Whitebelt lands. Further discussion on the implications of the Whitebelt on prime agricultural land in Whitby is discussed in Section 7.1 of this Policy Paper. Section of the Growth Plan indicates that through sub-area assessment, the Minister of Public Infrastructure Renewal and other Ministers of the Crown, in consultation with municipalities and other stakeholders, will identify Prime Agricultural Areas, including Specialty Crop Areas, in the GGH, and where appropriate, develop additional policies for their protection. Such a sub-area assessment has not been carried out by the Province and such an assessment is not anticipated. The definition of Prime Agricultural Area in the Growth Plan is the same as in the Provincial Policy Statement. The policies of the Growth Plan also indicate that for lands within the Greenbelt Area, all policies regarding agricultural areas set out in Provincial Plans, applicable to lands within the Greenbelt Area, continue to apply. As a consequence of the above, the Growth Plan defers to the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan with respect to agriculture. For those lands not subject to the Greenbelt Plan or the Oak Ridges Moraine Conservation Plan, the Growth Plan essentially defers to the Provincial Policy Statement, in the absence of there being a sub-area assessment prepared in accordance with Section However, the Growth Plan does, in Section indicate that the location of prime agricultural areas is a consideration when reviewing where and how settlement area boundaries should be expanded. 5.0 REGIONAL POLICY AND AGRICULTURE The Region of Durham Official Plan includes a number of policies on agriculture. Recognizing the significant contribution agricultural lands play in Durham, Section of the Region s Official Plan states, the goals of this Plan will be achieved through the following directions: h) protecting agricultural lands; i) supporting food security for all residents of the Region; j) encouraging stewardship of land; planning for agriculture draft (november 2011) 12

14 o) limiting rural population growth; The Region of Durham Official Plan contains a policy framework that applies to the rural system, which is made up of prime agricultural areas, rural settlement areas, existing regional nodes and aggregate resource extraction areas. Policies governing agricultural and rural land are contained in Section 9 (Rural System) and Section 9A (prime agricultural areas). According to Section 9 it is a goal of the Rural System to establish a Rural System that supports agriculture and aggregate extraction as key economic industries, and existing rural settlements which support residential, social and commercial functions for the surrounding area. With respect to prime agricultural areas, the Official Plan has the following goals: To support community food security. To protect and maintain agricultural land for future generations. To support a healthy and productive agricultural industry as an important element to the Region's heritage, identity and its economic base. To strengthen, preserve and foster the cultural attributes and historic heritage of Rural Settlements. To recognize existing Rural Settlements, and support their function of providing for the limited residential, social and commercial needs of the Rural System. To establish a firm limit to Hamlet development. To recognize existing Regional scale nodes of major recreational activities, such as centres of tourist activity and specialized recreational facilities, in the Region's Rural System, and to provide for their continued function. To provide opportunities for the extraction of aggregate resources for local and Regional needs, as well as to contribute to Provincial needs, while protecting significant features of the Region's natural environment and minimizing financial and social impacts on residents, the area municipalities and the Region. To protect high potential aggregate resource areas from incompatible land uses. These policies stress the significant role that prime agricultural areas serve in the Region. It is noted that ROPA 128 added the support of community food security to its list of agricultural goals. A new food security definition was added to the Official Plan through the ROPA 128 process. In this regard, food security is defined as: means a situation in which all community residents obtain a safe, culturally acceptable, nutritionally adequate diet through a sustainable food system that maximizes community self-reliance and social justice, and the ability of the agricultural community to support this system. Recognizing the Region s focus of directing growth and development toward the urban areas, Section 7 (Regional Structure) has as one of its goals to maintain the distinction between the character of the Urban and Rural Systems in the Region for the benefit and planning for agriculture draft (november 2011) 13

15 enjoyment of the residents of the Region. Section further states, the distinction between Urban and Rural Systems shall be a fundamental principle of this Plan. Sub-Section 9A of the Region s Official Plan includes specific policies for prime agricultural areas e.g. encouraging the consolidation of agricultural parcels of land and prohibiting the intrusion of urban type land uses into prime agricultural areas. A new policy was inserted into Section 9A as part of ROPA 128. According to Section 9A.1.8, prime agricultural areas shall be protected as a significant element of the Region s economy and a secure source of food. This policy places an emphasis on the role that agricultural areas have on the economy and the need for their protection. The Economic Development policies in the Region s Official Plan indicate in Section that it is an economic development policy of the Region of Durham to achieve greater diversification of the Region's economic base, Regional Council shall in cooperation with area municipal Councils: (g) encourage and support job opportunities in the agricultural sector for future generations. Section of the Region s Official Plan also requires local municipalities to include policies in their Official Plans implementing the intent of policy A new policy included within the Regions Urban System policies is Section According to this Section, it is a goal of the Urban System to provide convenient access to fresh locally grown produce and other healthy food from sources such as farm markets, community gardens and grocery stores. Section 10A also contains specific policies with respect to Major Open Space Areas in the Region. Major Open Space Areas include key natural heritage and hydrologic features, prime agricultural lands as well as lands of lesser agricultural significance. In Whitby, the Major Open Space area applies to all non-urban land south of Highway 7/Winchester Road. A series of policies contained within this section relate directly to agriculture. 6.0 OVERVIEW OF CURRENT TOWN POLICY FRAMEWORK Whitby s Official Plan contains a series of policies dealing with agriculture. These policies are contained within Sections 4.10 and with the latter section dealing with the Oak Ridges Moraine. The Town s goal for agricultural land is to maintain the agricultural area of the Municipality consistent with the preservation of its natural amenities, its agricultural function and existing rural settlement pattern. The Town s objectives for agricultural lands include: To preserve high capability agricultural lands for farming and related uses on a long-term basis. To promote conditions which encourage the efficient operation of agricultural uses within the Municipality. planning for agriculture draft (november 2011) 14

16 To control development of non-farm uses in the rural area. The Town s policies identify the range of uses that may be permitted in Sections to Severances are permitted in accordance with Sections to The remaining policies indicate that the Minimum Distance Separation Formula applies and that golf courses may be permitted in prime agricultural areas subject to an amendment to the Official Plan. Policies also indicate that a single detached dwelling may be permitted on an existing lot of record subject to the provisions of the Zoning By-law. 7.0 ANALYSIS 7.1 PROTECTING AGRICULTURAL LAND IN WHITBY BEYOND 2031 To a very large extent, the combination of the Provincial Greenbelt Plan and the Growth Plan has created a circumstance where a long-term urban boundary for the Greater Toronto Area (GTA) has been created. Lands to the south of this Greenbelt Plan boundary are known as the Whitebelt as discussed previously in this Policy Paper. It is within this area that over two million additional people are expected to live and where over one million jobs are to be created by Within this Whitebelt area the Province requires municipalities to plan for accommodating expected growth. However, there is also an expectation that agricultural areas, environmental areas and mineral aggregate resource areas be identified and protected as well. However, there is a clear distinction in Provincial Policy on the importance of the three resource areas and how they should be protected. Specifically, Provincial policy requires that significant Natural Heritage features be protected for the long term, with this long term extending beyond the planning period. With respect to Aggregate Resources, the Provincial Policy also requires that significant resource areas be protected, since the protection of such resources for future extraction is of Provincial interest. There is no similar Provincial policy requirement for the protection of prime agricultural land. Instead, Provincial policy clearly indicates that such lands can be utilized for nonagricultural purposes provided appropriate justification is made. This is contrasted with the Provincial approach to aggregates, which requires that it has to be demonstrated that there is a greater long term public interest in developing a non-aggregate use on lands which have been identified for resource extraction. What this means is that any decision made by a municipality in the Whitebelt to protect agricultural lands will be a local decision. Notwithstanding the above, it is recognized that much of the Whitebelt area is considered to be prime agricultural land as defined by the Provincial Policy Statement (PPS). However, a considerable amount of this prime agricultural land will be required for urban development before and after 2031, and the PPS does permit such lands to planning for agriculture draft (november 2011) 15

17 be used in this manner, provided an appropriate planning process has been undertaken. The recently completed ROPA 128 process resulted in the inclusion of new land in the urban boundary, with much of this land being within the prime agricultural area. These additional lands are expected to accommodate growth to However, given that municipalities are required to review their Official Plans every five years, and given that the Province s long-term population and employment projections will continue to move outwards at five year increments, there will again be a process initiated in the 2012 to 2016 time frame that will involve an additional review across the GTA of where new urban Greenfield lands should be located for the 2031 to 2036 time period. This review will then be followed by a series of amendments to planning documents and in five years from that final date, the process will be reinitiated again for the 2036 to 2041 time period and so on. Given that the supply of land in the Whitebelt is finite, it is entirely conceivable that the entire Whitebelt area will be planned for urban development to occur by the 2051 to 2071 time period. It is noted that certain lands will be protected for natural heritage purposes, based on scientific analysis and that other lands may be reserved for aggregate extraction as required in this area, as discussed above. What becomes readily apparent from the above review of how planning will take place in the next 10 to 15 years is that no surety can be provided to the agricultural industry or the farmer that their lands will not be required for urban development at some point prior to 2051/2071. From a practical perspective, the farmer can choose to continue farming in perpetuity, and not sell his land for urban development. However, as urban development does encroach and sometime overwhelm agricultural areas, it does become very difficult from a logistical perspective to continue farming. While it is recognized that the Right to Farm legislation allows farmers to carry-out farming provided normal farm practices are adhered to, the challenges the farmer will have in carrying-out farming in an increasingly urbanized community will be quite significant. However, and perhaps more importantly, given that the Province s property assessment system is based on Current Value Assessment, there will be a significant increase in the value of any agricultural land that is not urbanized in the first, second or third Official Plan Reviews beyond 2012/2016. This upward pressure on prices will make it much more difficult for any farmer wishing to continue farming to ignore the financial benefits that he will receive if the lands are sold for urban development. This has already occurred in a significant manner throughout the GTA. Once prime agricultural land is sold to a landowner with no long-term interest in agriculture, the viability of the land for agricultural purposes will begin to decline. Specifically, any infrastructure will deteriorate and the lands will be farmed to their greatest potential without any regard for soil maintenance/renewal and the future. What all of the above means is that for prime agricultural land to be maintained, there is a need for a Provincial policy intervention that precludes the lands from being considered for urban development for a significant number of years. An example of this planning for agriculture draft (november 2011) 16

18 type of policy intervention is the Oak Ridges Moraine Conservation Plan (ORMCP), the Niagara Escarpment Plan (NEP) and the Greenbelt Plan. While lands subject to the Niagara Escarpment Plan can be urbanized subject to Provincial approval, new lands cannot be urbanized within the ORMCP and Greenbelt Plan areas. Another example are the areas identified as Specialty Crop Areas by the Province of Ontario, where no urban expansion is permitted. In other words, the only way permanency can be achieved, with this permanency providing the basis for the maintenance and establishment of viable agricultural operations over the long-term, is to establish a planning framework that is very clear on the long-term use of the lands. At the present time, Regional and local Official Plans are not able to provide the farmer with any sense of permanency since they are able to be reviewed every five years and since the land supply for urban development in the Whitebelt area is finite. This is contrasted with the Provincial approach to Natural Heritage and Aggregate Resources, as discussed above. 7.2 LOCATION OF PRIME AGRICULTURAL AREA VERSUS PRIME AGRICULTURAL LANDS As noted in previous sections, there is a distinction between a prime agricultural area as defined by the PPS and prime agricultural lands as defined by the PPS. The key distinction is that the policies of the PPS apply to prime agricultural areas, not prime agricultural lands that may not be included within prime agricultural area. Given that the Planning for Natural Environment Policy Paper recommends that a number of land use designations be combined to establish a new Environmental Protection/Conservation Lands designation, there may be remnant lands in the former Major Open Space Area designation that are considered to be prime agricultural lands because of their soil capability. However, the amount of this land is expected to be limited, because most of the land in the Major Open Space Area designation south of Highway 7/Winchester Road will be in the new Environmental designation, primarily as a consequence of the establishment of the Greenbelt Plan and Greenbelt Natural Heritage System on these lands. On the basis of the above, it is suggested that the following Direction be considered for discussion purposes: AGRICULTURE DIRECTION 1 that the Official Plan contain appropriate policies for any prime agricultural lands that exist in the non-urban area south of Highway 7/Winchester Road following the mapping and establishment of the new Environmental Protection/Conservation Lands designation as recommended in the Planning for Natural Environment Policy Paper. planning for agriculture draft (november 2011) 17

19 7.3 LOT CREATION IN PRIME AGRICULTURAL AREAS Section of the PPS as re-produced below establishes the Provincial policy framework that governs lot creation in prime agricultural areas Lot Creation and Lot Adjustments Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or right-of-ways Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy (c) Provincial Guidelines The Guide to Lot Creation in prime agricultural areas was prepared by the Ministry of Agriculture, Food and Rural Affairs and is intended to summarize complex matters and reflects legislation, policies and practices that are subject to change. The Guide notes, however, that reference should be made to applicable legislation and policy documents when making decisions related to land use planning matters. The Provincial Policy Statement (PPS) allows for lot creation in prime agricultural areas for agricultural uses provided the lots are of a size appropriate for the type of agricultural uses common in the area and are sufficiently large enough to maintain flexibility for future changes in the type or size of agricultural operations. Agricultural uses vary across the Province because Ontario has many different landscapes, soils and climates. The Guide notes the importance of creating and maintaining farm parcels that are large enough to provide farmers with the flexibility to expand or change their type of operation as the economy and markets change. planning for agriculture draft (november 2011) 18

20 While agricultural uses vary across the Province, farms also come in many sizes and intensities. For example, livestock and row crop production often require larger farm parcels, while tender fruit farms can often be accommodated on smaller farm parcels. The key is that lot sizes must be of a sufficient size to allow the farm to continue to operate, and to expand in the future. The Guide recommends that planning authorities establish an appropriate minimum farm parcel size in Official Plans to allow planning authorities to evaluate farm splits more effectively and consistently and ensures that the PPS policies are applied to both the newly created lot and the retained parcel. For most of Ontario, 40 hectares is the recommended minimum parcel size. The Guide suggests that a smaller minimum lot size may be more appropriate in areas where tender fruits and/or similar specialty crops are grown and are the common agricultural use in the area. Section 9A.2.8 of the Region of Durham Official Plan indicates that the creation of parcels of land for agricultural uses of less than 40 hectares shall not be permitted. This same section also contains provisions for these kinds of severances in the Oak Ridges Moraine Conservation Plan Area. These policies of Section 4.10 of the Town of Whitby Official Plan do not appear to permit severances to establish new parcels for land agricultural uses. Given that such severances are permitted and given that the Region of Durham permits these kinds of severances, it is recommended that the Town of Whitby Official Plan contain a similar policy. On the basis of the above, it is suggested that the following Direction be considered for discussion purposes: AGRICULTURE DIRECTION 2 that the Official Plan contain policies that conditionally permit the creation of parcels of land for agricultural uses that are 40 hectares in size or greater, in accordance with Section 9A.2.8 of the Region of Durham Official Plan Lot Creation for Agriculture-related Uses The PPS allows planning authorities to permit the creation on new lots for agriculturerelated uses provided that any new lot will be limited to a minimum size needed to accommodate the uses and appropriate sewage and water services. However, Section 9A.2.3 of the Region of Durham Official Plan specifically indicates that severances for agricultural related uses shall not be granted. As a consequence, the Town of Whitby Official Plan cannot contain policies that permit such severances since they would not be in conformity with the Region of Durham Official Plan Lot Creation for Residence Surplus to a Farming Operation The PPS permits lot creation for a residence surplus to a farming operation as a result of a farm consolidation provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel or farmland created by the planning for agriculture draft (november 2011) 19

21 severances. The Provincial Guide to Lot Creation discussed previously highlights four grounds or sets of questions in the PPS that must be addressed before a planning authority can grant a severance for a surplus residence: 1. Is an agricultural operation present? 2. Has there been a farm consolidation? Planning authorities are encouraged to develop more detailed provisions in land use planning documents to clarify and determine when a farm consolidation has occurred. Will the agricultural activities on the acquired land be part of the farmer s broader agricultural operation? Is there a set time limit on applying for a severance after the consolidation? Did the dwelling exist before the new farm parcel was acquired? 3. Is the residence to be severed surplus to the needs of the farm operation as a result of a consolidation? Will the farm operation need the surplus residence in the future? Could it be used for housing for farm help or for a second family involved in the farm operation? Is the farm operation retaining at least one principle farm residence? Is the dwelling inhabitable? 4. How will the planning authority prohibit the construction of a dwelling on the remnant parcel? The Province recommends rezoning the remnant lot for agricultural purposes only as a condition of approval. The Guide recommend considering two factors in determining the appropriate size of a lot for a surplus dwelling: the location of the existing dwelling on the property and the siting of an appropriate sewage and water system. Section 9A.2.10 of the Region of Durham Official Plan does permit the severance of a farm dwelling rendered surplus as a result of a farmer acquiring a non-abutting farm, subject to an amendment to the Official Plan, and subject to a series of criteria. Given that the Region of Durham Official Plan contains this very specific policy, it is recommended that the Town of Whitby Official Plan contain a reference to this policy in its Official Plan. On the basis of the above, it is suggested that the following Direction be considered for discussion purposes: AGRICULTURE DIRECTION 3 that the Official Plan contain policies that permit the creation of new lots for surplus farm dwellings in accordance with the policies of Section 9A.2.10 of the Region of Durham Official Plan and given that an Official Plan Amendment at the Region of Durham level is required, a local Official Plan Amendment not be required at the Town of Whitby level since it would not be necessary to duplicate the process Other Permitted Forms of Lot Creation Section (d) of the PPS also permits lot creation in prime agricultural areas for infrastructure, where the facility or corridor cannot be accommodated through the use of easements or right-of-ways. Section also permits lot adjustments in prime planning for agriculture draft (november 2011) 20

22 agricultural areas for legal or technical reasons. The term legal or technical reasons is defined by the PPS as severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Section 9A.2.12 of the Region of Durham Official Plan also permits these latter kinds of severances, subject to criteria. On the basis of the above, it is recommended that the Town of Whitby Official Plan also contain a policy that permits these kinds of severances subject to Section 9A.2.12 of the Region of Durham Official Plan. On the basis of the above, it is suggested that the following Direction be considered for discussion purposes: AGRICULTURE DIRECTION 4 that the Official Plan contain policies that permit lot adjustments in prime agricultural areas for legal or technical reasons in accordance with Section 9A.2.12 of the Region of Durham Official Plan. 7.4 PERMITTED USES IN PRIME AGRCIULTURAL AREAS The PPS permits agricultural uses, secondary uses and agriculture-related uses in prime agricultural areas. Agricultural uses are defined in the PPS as set out below: the growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including accommodation for full-time farm labour when the size and nature of the operation requires additional employment. The definition of agricultural use in the Region of Durham Official Plan is the same as it is in the PPS, except the accommodation for full-time farm labour when the size and nature of the operation requires additional employment is not included within the Region of Durham definition. It is noted however that Section 9A.2.4 of the Region of Durham Official Plan does permit a second dwelling to accommodate persons employed full-time on the farm. The effect of the Region of Durham policy is to control the amount of accommodation for full-time labour that may occur on an agricultural parcel. It is recommended that the definition of agricultural use in the Town of Whitby Official Plan be changed to be in conformity with the Region of Durham Official Plan. Agricultural related uses are defined by the PPS as those farm related commercial and farm related industrial uses that are small-scale and directly related to the farm operation and are required in close proximity to the farm operation. The Region of Durham Official Plan contains the same definition. Given the specific nature of the definition in both the PPS and the Region of Durham Official Plan, only the following use could be considered an agricultural use: planning for agriculture draft (november 2011) 21

23 Agricultural storage and processing facilities involving storage and processing crops and/or livestock and/or related items (such as cheese and milk) from a farm operation in the area. It is recommended that above description of an agricultural related use be included within the Town of Whitby Official Plan. It is noted that the Region of Durham Official Plan does not specify what an agricultural related use is. Secondary uses are defined in the PPS as uses secondary to the principal use of the property, including but not limited to, home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the property. Section 9A.2.6 of the Region of Durham Official Plan contains a detailed policy dealing with uses that are both accessory to an agricultural use on the property and small-scale uses that are accessory to an agricultural use. It is noted that these policies indicate very clearly that secondary uses are only permitted if there is an agricultural use on the property. The effect of this policy is that it is more restrictive than the PPS, because the PPS permits secondary uses to the principle use of the property, which may in some cases by an agricultural use and in other cases could be a residential use, if the property is only the site of a single detached dwelling. Section 9A.2.6 also includes the policy below, which has a direct impact on the Town of Whitby Official Plan: Area municipal plans shall include detailed policies to limit the scale and number of secondary agricultural uses, and include policies to address compatibility with surrounding uses. New secondary agricultural uses other than home occupations/business, bed and breakfast establishments and farm vacation homes will only be permitted when the area municipal Official Plan has been amended or where a site-specific Zoning By-law Amendment has been adopted in accordance with the policies of this Plan. The effect of the above is that detailed policies are required in the Town of Whitby Official Plan to provide for secondary uses. The Region of Durham Official Plan identifies a number of examples of what a secondary use is, such as: cottage wineries; and, agri-tourism uses such as bed and breakfast establishments, farm vacation homes and farm tourists. It is also indicated in the section that a home occupation/home business would also be considered a secondary use. planning for agriculture draft (november 2011) 22

24 Based on the reading of Section 9A.2.6 of the Region of Durham Official Plan, it would appear that cottage wineries and farm tours would not be permitted in the Town of Whitby unless there was specific Official Plan policies in place to provide for those uses or if a site-specific Zoning By-law Amendment was applied for. On the basis of the above, there is a need for specific criteria in the Official Plan to provide the basis for considering applications and proposals to develop home occupations, home businesses, bed and breakfast establishments, farm vacation homes, cottage wineries and farm tours as a secondary use on a parcel of land used for agricultural purposes. The factors to consider in determining whether a use is a secondary use include: the amount of land devoted to the secondary use in comparison to the amount of land devoted to the principle use; the size of the buildings housing the secondary use in relation to the sizes of the buildings accommodating the principle use; the nature of the secondary use itself and whether the use is operated by the owner of the property; the number of people employed by the secondary use in relation to the number of people employed by the principle use; the extent to which retail sales occur as a component of the secondary use; and, the amount of traffic generated by the secondary use in relation to the principle use on the property. It is noted that Section 9A.2.6 of the Region of Durham Official Plan appears to consider home industries and kennels to be an accessory use, and not a secondary use. Regardless of how they are characterized, there should also be criteria to consider when these types of uses are also proposed. Lastly, Section 9A.2.5 of the Region of Durham Official Plan permits farm gate sales and retail stands for the sale of agricultural products from the farm unit upon which the stand is located. The criteria that provide the basis for the establishment of this use will also be required. In terms of other permitted uses, Section of the Region of Durham Official Plan states the following: Municipally owned and operated community facilities, for such purposes as day care centres and recreation shall be encouraged to locate within Urban Areas and if appropriate in scale, in Hamlets, but may be permitted in any designation, except Prime agricultural areas. Within the Oak Ridges Moraine and Greenbelt Protected Countryside, such uses are encouraged to locate in Settlement Areas and Hamlets, but may be permitted outside of Prime agricultural areas provided they serve the rural settlements or rural economy and subject to all performance standards and other policies of the Greenbelt Plan and Oak Ridges Moraine Conservation Plan. All other community facilities shall only be permitted in Urban Areas; and on the Oak Ridges Moraine in Settlement Areas, subject to the provisions of the Oak Ridges planning for agriculture draft (november 2011) 23