Residents take Ontario town to court over farmland rezoning

A local environmental group is suing the town of Caledon, Ont. over a decision to “pre-zone” 5,000 acres of prime farmland for housing development.

Democracy Caledon argues the town’s actions violate the municipality’s official land use plan and the Municipal Act. In a court action filed early this month, the group argues the 12 rezoning bylaws were rushed through without proper consultation, environmental studies, or fiscal assessments.

The bylaws were approved by the mayor and a majority of the town council and targeted greenspace, farmland, and parts of the Greenbelt for urban development.

“This is not just farmland; it’s ecologically rich land with remnants of forests, streams, and biodiversity,” said Debbe Crandall, president of Democracy Caledon. “Blanket zoning on this scale, without proper studies, puts our environment and agricultural future at risk.”

In an email response to Canada’s Nation Observer, Caledon mayor Annette Groves said that the Town's rezoning decision aligns with provincial and regional growth plans, which dictate where urban development should occur. 

“All statutory requirements for the rezonings were followed. This includes public notices and meetings, as well as adherence to the processes outlined in the Municipal Act and Planning Act,” Groves said. “The Town initiated the rezoning to be proactive and to demonstrate to the Province and industry that Caledon is serious about doing its part to achieve Ontario’s aggressive housing targets.”

Residents are prevented from appealing Caledon’s decision to the Ontario Land Tribunal (OLT) by Bill 185. Ontario’s Bill 185, known as the Cutting Red Tape to Build More Homes Act, limits third-party challenges to municipal plans and zoning heard by the tribunal. Now, only developers or landowners are allowed to appeal zoning decisions.

The new rules were introduced by the provincial government to expedite construction of 1.5 million homes by 2031. When the bill was proposed, the Ontario government said it was needed to speed development approvals for badly needed housing.

Democracy Caledon is now headed to Ontario Superior Court to fight the zoning, arguing it violates the Municipal Act.

Groves said that the rezoning helps the Town meet its housing pledge and prepare for forecasted population and employment growth to 2051.

The rezoned 12 parcels of land are within the new urban area or existing settlement areas, she added. “Rezoning to enable development within the urban area is a necessary step, whether now or in the future,” Groves said. “All rezoned parcels in the new urban area are still subject to secondary planning, which will further shape how the development will occur.”

This area was identified for urban development because its proximity to existing water and wastewater infrastructure would help manage and control expansion costs, she added.

Crandall said that Bill 185 is a “sledgehammer” planning method that has effectively excluded the public from having a say in how communities are designed and planned.

She said there are environmental and financial risks associated with the rezoning, noting that much of the land involved is among Canada’s most valuable farmland and plays a crucial role as the headwaters for numerous rivers and streams. 

Crandall also raised concerns about the financial impact, pointing out that the infrastructure required to support 35,000 new units — such as roads, water, wastewater, and community services — could result in billions of dollars in costs for taxpayers.

She believes the housing crisis is being used as a pretext to push for sprawl-oriented development, noting that while Caledon had already pledged to build 13,000 homes by 2031 — doubling its population — the additional 35,000 units would all be on undeveloped so-called “greenfield” land.

“There’s enough land already designated for urban development to meet our housing needs,” said Crandall. “This manufactured crisis benefits developers while ignoring the value of farmland for food production and climate mitigation.”

Addressing concerns about environmental protection, Groves said that all Greenbelt lands, including those in the rezoned parcels, would remain protected from development under Ontario’s Greenbelt Plan. “The existing farmland and non-Greenbelt open spaces within the new urban area will be developed in accordance with the Peel Region Official Plan and the Future Caledon Official Plan.”