Agriculture minister Eric Hammill said today he is very surprised by IRAC's decision to overturn the building permit issued to John and Debbie Earl of Kingston. The Earls had received approval from the Department of Technology & Environment and the Department of Community Services to establish a hog barn on their property in the rural community.
"My understanding is that IRAC has identified an ambiguity in the definition of a subdivision. With its interpretation, the Earls would need a larger setback under the 1986 Manure Management Guidelines," said Mr. Hammill.
IRAC has suggested that a two-times factor should be applied to the setback because residential properties in the area were "subdivided" from larger parcels. Hammill explained that in practice, this has been interpreted as zoned subdivisions within municipalities with official plans, not rural communities.
"Government has consistently applied the definition since 1986, and I don't see why the Earls should be treated any differently than anyone else," said Hammill. "Ironically, the revised Guidelines for Manure Management, which were the subject of public consultations this year, have removed the ambiguity." He said that government will move immediately to correct the ambiguity in the definition by adopting the new guidelines.
Mr. Hammill said he understands that the Earls have the option of appealing IRAC's decision.