A settlement settlement signed by Middlesex Centre’s Chief Administrative Officer (CAO) has ended a property severance dispute between the agricultural municipality and Farhi Farm Company earlier than an enchantment had its first assembly in entrance of the Ontario Land Tribunal (OLT).
“I don’t know how we got here?” stated neighbour Sheila Wilson to Middlesex Centre Council on Wednesday night.
Wilson was perplexed why a call by council in December to not sever an agricultural property was reversed by an settlement signed by CAO Michael Di Lullo.
On December 20, 2023, council denied an software by Farhi Farm Company to sever a residential residence and driveway from adjoining farmland close to Ilderton as a result of it didn’t adjust to the Provincial Coverage Assertion nor the Official Plan, and “it would further exacerbate the potential loss of prime agricultural lands.”
Farhi Farm Company subsequently appealed council’s resolution to the OLT.
On Might 3, 2024, Di Lullo signed a settlement with Farhi, on behalf of Middlesex Centre, to formally requesting the OLT conform to the enchantment primarily based on an settlement that no residential constructions be constructed on the remaining parcel of farmland and utility necessities for the house be constrained to the severed parcel.
Map displaying residential property (purple) severed from agricultural property (yellow) close to Ilderton (Supply: Municipality of Middlesex Centre)
So, the OLT modified a case administration assembly on Might 5, right into a settlement assembly.
A planning marketing consultant representing Farhi appeared at that assembly, however “the municipality did not appear.”
Wilson is anxious that the CAO determined to barter a settlement so early within the enchantment course of that grants Farhi the severance with out getting route from council.
“There was going to be a case management conference on May 6, but the minutes of settlement were dated May 3, so my concern is who directed these minutes of settlement?” she asks.
After the council assembly, Di Lullo advised that it was inside his delegated authority as CAO of Middlesex Centre to pursue the settlement.
“On behalf of the municipality as the CAO, yes, I have the authority to bind the corporation and the agreement was signed as per legal counsel direction,” he stated.
Moreover, he defined that after the OLT enchantment was launched by Farhi Farm Holdings, the lawyer he retained on behalf of the municipality really helpful in search of a settlement.
“We take the advice of our legal counsel, and so we follow what they suggest and recommend,” Di Lullo defined. “That’s what was put forward before us, and that’s what we went ahead with.”
Nonetheless, the choice to not oppose Farhi’s enchantment disappoints Wilson.
“My concern is about farmland, and [it] being fragmented,” she stated. “I guess pockets are deep and I don’t have enough resources to move this issue forward.”
On Wednesday, council voted unanimously in favour of the severance that was endorsed by the OLT resolution.
