The Municipality is providing an update on the planning applications for a residential subdivision proposed to be located at 3852 Ganaraska Road.
As previously communicated, this file remains under appeal with the Ontario Land Tribunal. The appeal was filed by the applicant in 2023, in accordance with the Planning Act, for “non-decision by the Council of Port Hope,” with respect to their application to amend the Zoning By-law as well as their application for Draft Plan of Subdivision approval for their lands. The Municipality’s challenge with the application was the potential development impacts to the Provincially Designated Earth Science Area of Natural and Scientific Interest (ANSI). An ANSI is an area of land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection, scientific study or education. The proposed subdivision lands were found to be within the Earth Science ANSI boundary.
On May 23, 2025, the Municipality received notice from the Ministry of Natural Resources of a boundary amendment to the Provincially Significant Garden Hill Earth Science ANSI which removed the proposed development lands from the ANSI. Review a copy of the correspondence received.
The Municipality was not consulted by the Ministry in advance of this notification and was not involved in the decision to adjust the boundary of the ANSI. Adjusting an ANSI boundary is not within the authority of the Municipality of Port Hope and the decision was made at the sole discretion of the Ministry. The ANSI was the key issue for the OLT hearing.
Staff and Council have been in contact with legal counsel to determine the impact of the minor boundary amendment on the ongoing legal proceedings and will provide additional updates to the public once next steps and impacts to the ongoing application and appeal have been clarified. The Municipality is advising the public of the adjustment to the ANSI to remain transparent as to how the decision came to be. Due to the matter currently being before the courts and subject to the confidentiality requirements of closed Council meetings, the Municipality is limited to providing any further information regarding this issue. Those residents owning property within the former ANSI boundaries are anticipated to receive notification of the removal directly from the Ministry of Natural Resources.
Additional information regarding this file is available on the Municipality’s website.
2025-06-12
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