Rideau Lakes waives planning fee based on past staff errors
Committee of the whole voted to waive a $1,097 planning fee for a Rideau Lakes property owner after staff acknowledged a creek setback issue was missed during the township’s original permit review process in 2022.
The fee was tied to a required minor variance application for a property at 68 Dennison Dr., where a house and septic system were later found to be within the required 30-metre setback from a watercourse under the township’s zoning bylaw. The issue was discovered during a later consent application review involving the township and the Cataraqui Region Conservation Authority.
Council ultimately approved Option 3 in report DS-2026-12, granting a full waiver of the fee.
Manager of Development Services Tom Fehr told council the setback issue was missed during the original permit review.
“At this instance, it was missed that there was a creek on the property, and that the house and septic would be too close to the creek,” Fehr said. “So that was an oversight of the department at that time.”
Fehr said building permits were issued and inspections completed before the issue was identified during the consent review process. He also said the township has since updated its internal review procedures to help prevent similar issues in the future.
Coun. Jeff Banks questioned whether the responsibility should rest with the homeowner, saying applicants are generally expected to ensure structures are properly located on their property.
“I think it’s more incumbent upon the applicant to make sure that their house is situated properly,” Banks said.
Banks later introduced a motion to defer the matter so he could review the original 2022 application file. The motion was defeated.
CAO Shellee Fournier said municipalities are increasingly being held to a higher standard by tribunals and courts regarding building placement and regulated areas.
She said many municipalities now require surveys during the permit process to help reduce municipal liability.
Coun. Debbie Hutchings supported the full waiver, saying the township needed to acknowledge its role in the error.
“In all honesty, it was our mistake,” Hutchings said.
Coun. Paula Banks also supported the waiver, saying staff had already implemented corrective measures.
“I think that is the problem with governments. They never admit they made a mistake. Llet’s fix it and move on,” she said.
Coun. Marcia Maxwell opposed the waiver, citing concerns about setting a precedent for future applications.
The motion carried on a recorded vote, with councillors Jeff Banks, Paula Banks, Linda Carr, Debbie Hutchings, Deputy Mayor Sue Dunfield and Mayor Arie Hoogenboom voting in favour. Councillors Marcia Maxwell and Ron Pollard voted against. Coun. Dustin Bulloch was absent with prior notice.
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