Toronto Star

Developmen­t charges frustrate Milton farm owner

‘There’s no provision to allow for the waiving of fees,’ legal expert says

- BAMBANG SADEWO INSIDEHALT­ON.COM

Milton council members expressed support for a farmer on the hook for over $100,000 in developmen­t fees, but they say the strict interpreta­tion of bylaws doesn’t allow them to ease the financial burden.

At the heart of a complaint filed by Springridg­e Farm owner John Hughes are five previously constructe­d buildings on the farm, including a shade structure and a main admission hut, that town staff decided feature a retail component and, as such, weren’t granted agricultur­al and seasonal structure exemptions.

The Hughes family has been fruit farming for six generation­s, according to the farm’s website. The farm also hosts festivals and has a bakery, cafe and boutique.

“This is a really discouragi­ng cost for our family,” Hughes said at the Nov.18 council meeting, noting that the buildings — five of 14 submitted for permit approvals to the town in June — have been classified by the Niagara Escarpment Commission as agricultur­al, agritouris­m or a combinatio­n of the two.

Calling them “agricultur­al supporting buildings” that are important to make their farm business viable, Hughes was hoping council members would reconsider and overturn staff’s recommenda­tion on the charges.

Developmen­t charges are fees collected by municipali­ties to fund various municipal services.

In the case of Springridg­e Farm, the town’s share of the collected fee was over $17,000 and the educationa­l portion was roughly $3,500, which will be remitted to the local school boards. The rest will go to Halton Region.

As explained by the town’s legal expert, Paul DeMelo of Kagan Shastri LLP, who fielded a question from Mayor Gord Krantz regarding the discretion that council may have in reducing the rate or waiving the fee, the bylaws must be applied consistent­ly.

“There is no discretion in the applicatio­n of the bylaws,” he said. “There’s no provision to allow for the waiving of fees.”

DeMelo made similar points earlier in the meeting, saying that there is no jurisdicti­on to amend the bylaws but rather to determine whether or not they have been properly applied and interprete­d.

In his assessment, staff’s recommenda­tion is the proper interpreta­tion of the bylaws.

Coun. Kristina Tesser Derksen said she believes there’s a fundamenta­l issue with the bylaws.

“I can’t see how it could be contemplat­ed within the spirit of the legislatio­n that you’d be paying those types of charges for those types of structures,” she said, adding that Milton is a special place for agricultur­e.

“We want to preserve these family farms. We want to preserve that type of business, but they have to be allowed to adapt and have to have the flexibilit­y and certainty to adapt to a changing service model that they have to provide to the public in order to stay viable,” she said.

According to the town’s chief financial officer, Glen Cowan, the maximum life cycle of a bylaw is five years.

“So, we will be back either next year or the year after to update (the developmen­t charge bylaws),” he said.

In the meantime, Coun. Colin Best put forth a motion, which was approved by council, to defer the matter and direct town staff to come back with recommenda­tion on how to address the developmen­t charges payable.

“We don’t want to set a bad precedent. But we want to do the right thing,” he said.

 ?? GRACIE POSTMA TORSTAR FILE PHOTO ?? Five buildings at Springridg­e Farms have been declared to have retail components, leading the business to face more than $100,000 in developmen­t charges.
GRACIE POSTMA TORSTAR FILE PHOTO Five buildings at Springridg­e Farms have been declared to have retail components, leading the business to face more than $100,000 in developmen­t charges.

Newspapers in English

Newspapers from Canada