NEC pushes for speedy lavender farm resolution
The future of Fennario Meadows Lavender Farm is once again in the hands of the Ontario Land Tribunal (OLT).
Owner Jim Muzyka was originally granted a permit for On- Farm Diversified Use (OFDU) in September of 2021 but a group of neighbours going by Protect the Escarpment (PTE) objected, triggering an OLT hearing. The two- week hearing in January of this year referred the matter to the Minister of Natural Resources, who has yet to render a decision.
The PTE objections centre around the awarding of an OFDU permit on land which is categorized as sub- prime for agriculture.
Muzyka appeared before the Niagara Escarpment Commission (NEC) last week to ask that he be permitted to open his farm to visitors while the matter is under review. He committed to the commission that if he is allowed to open this season, he would forgo construction of any new buildings until the matter is finally resolved.
Chairman Jim Collard said that it is not within the purview of the NEC to issue a permit at this time.
“The authority to issue a permit now rests with another level,” he said. “We can only ask the minister to expedite a decision. We wish Mr. Muzyka the very best but the NEC is limited in what we can do for him.” Commissioner Michael Curley observed that the NEC had earlier voted to approve the Fennario Meadows application but the minister overruled because the decision was not consistent with the existing rule disallowing OFDU’s on sub-prime land.
The commission has since begun the process of amending the Niagara Escarpment Plan to broaden permitted agricultural uses and eliminate the sub-prime exception. Because objections were received during the public consultation process, the matter must be referred to the OLT. A final decision on the amendment is unlikely before 2025.
Doug Measures, Clearview Township’s representative, asked that the commission issue an interim permit to allow Muzyka to operate while a decision is pending, or at least suspend enforcement until the process is resolved.
He said, “Mr. Muzyka is trying to work with his neighbours but he is being continually dragged down by bureaucracy.”
Measures speculated that this could be brought forward as a case of financial interference. Muzyka has attempted to address neighbour’s concerns by reducing the number of parking spots, reconfiguring the fields so that lavender is not visible from the roadway and proposing a reservation system which would limit the number of visitors.
Commissioner Johanna Chevalier told the meeting, “We are not in the business of putting people out of business.”
She suggested there should be some latitude for the NEC to make decisions in the face of “vexatious” complaints.
The commission voted to send a letter to the minister asking for an expedited decision.
Collard says the NEC will do everything in its power to push for a speedy resolution.
“Helping agriculture is vitally important,” said Collard. “Agritourism is what we’re all about in Ontario.”
