50 per cent fee reduction approved for Lombardy property in Rideau Lakes planning fee reduction decision
LOMBARDY — Rideau Lakes council has approved a partial waiver of planning and building fees for a Lombardy-area property after a divided discussion over fairness, precedent and how planning applications are handled.
At the April 27 committee of the whole meeting, councillors voted in favour of Option 2, reducing the fees by 50 per cent for a property identified as 30 B12. The request stemmed from concerns raised by the property owners about how earlier planning applications were processed and the costs that followed.
A staff report presented by Manager of Development Services Tom Fehr outlined three options: maintain the full fee, reduce it by 50 per cent, or waive it entirely. Staff did not recommend a specific option, noting the decision is council’s.
The request relates to previous applications made under Section 45 of the Planning Act. The applicants have argued that their proposal may have been handled differently under Section 45(2), which deals with the expansion of legal non-conforming uses, rather than Section 45(1), which addresses minor variances.
Fehr told council the application was processed according to the rules and interpretations in place at the time.
“I wouldn’t go so far as to say that it was an error,” Fehr said, adding that the matter reflects differing interpretations of planning policy rather than a clear mistake.
That distinction framed much of the debate.
Coun. Jeff Banks, who introduced the motion for a partial waiver, said the applicant had followed the required process but may have faced added costs due to how the application was approached.
“I think that we have to do something for this person,” he said, adding that a full refund was not appropriate given the work that had already been completed.
Several councillors supported that view, pointing to the possibility that the application could have been handled differently under current interpretations.
Coun. Paula Banks said the case differs from situations where work is done without permits, noting the applicant had followed the rules.
“This is not an attempt by an individual to build something without a permit,” she said, arguing that applicants should be made aware of all available options when pursuing approvals.
Coun. Deborah Anne Hutchings also supported providing some relief, saying council has a role in addressing situations where outcomes may not have been clear at the outset.
Others raised concerns about setting a precedent.
Coun. Marcia Maxwell questioned whether the township should absorb costs after staff had already completed inspections and processing work.
“I don’t see that we were in error,” Maxwell said, adding that applications were handled according to legislation and policy in place at the time.
Councillors also questioned whether approving a fee reduction could lead to similar requests from other residents.
Despite those concerns, a majority of council supported a partial waiver as a compromise.
Coun. Dustin Bulloch said the applicant had followed the process and that the situation reflects how interpretations can evolve over time.
“I do think that we need to acknowledge that these people have been following the rules,” he said.
The motion to approve a 50 per cent fee reduction passed on a recorded vote.
Councillors Jeff Banks, Paula Banks, Bulloch, Hutchings and Ron Pollard and Mayor Arie Hoogenboom voted in favour. Maxwell and Carr voted against. Deputy Mayor Sue Dunfield was not present for this portion of the meeting.
The decision means the township will absorb part of the cost associated with the application, while still recovering a portion of the fees.
Staff noted in the report that waiving or reducing fees may have implications for consistency in how municipal fee bylaws are applied, but emphasized that the decision is ultimately at council’s discretion.
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