By Tessa (Townson) Swanton, Bruce Peninsula Press
Dylan Earl, owner of 25 Simpson Avenue in Tobermory, appeared before the Municipality of Northern Bruce Peninsula (MNBP) Council as a delegation at the June 9th Council Meeting. Earl originally visited Tobermory six years ago and fell in love with the area, prompting his purchase of 25 Simpson Avenue. He proceeded with the process to make the land useable by consulting with the Bruce County Planning Department (BCPD) and meeting environmental, archeological, and engineering professionals. Six years after acquiring the property, Earl generated a final design consisting of a seven-lot waterfront 5.48 hectare privately serviced residential subdivision with increased environmental buffers and enforcement. He said, “We’ve worked to mold this into something that’s acceptable.”
The BCPD’s extensive investigation recommended that Council approve the zoning by-law amendment and conditions of draft approval for the subdivision. Council deferred their decision at the May 12th Council Meeting requesting further information.
Earl’s presentation to Council focused on an ultimatum: either Council approves the application as recommended by the BCPD, or the Municipality may face costs associated with the Ontario Land Tribunal (OLT). The OLT is an independent adjudicative tribunal responsible for resolving appeals and applications on contentious municipal and land use planning matters. Costs for legal representation and OLT fees are some expenses the Municipality may bear if summoned to the OLT.
Earl said, “[Council is] rightfully so to be very methodical and careful with any decision, especially this. We’ve gone through all the hoops and found a good balance for the site, and I believe through our many iterations over the six years, we’ve landed at something very reasonable, and the Planning Department agrees.”
Earl questioned, “So is this reasonable? Of course. Yes. In terms of the context, we’re not in the middle of nowhere. We’re in an area surrounded by municipally maintained roads. It’s built up. There’s existing access. We’re supported by staff. We believe it’s practical. And after six years we’ve concluded no negative impacts through this balanced approach.”
The lots each have a large no development or site alteration area to mitigate environmental impacts. To address Council’s compliance concern within the restricted development area zoned towards the back (water side) of the lots, Earl advised that “our plan is fencing proposed with placards.” Further, “Someone who’s driven to commit a crime is going to commit a crime. How do you deter that…the fencing, placards, enforced by new proposed by-law. Neighbours are a great resource and if people have concerns, they’ll call.”
Councillor Golden stated, “I see all the mitigation that you’ve put in place.” She expressed concerns about the application. Specifically, “Even if a couple sites become short term accommodations (STAs), I really worry that the onus is on the Municipality to do this policing that you speak to.” She said, “If you’ve been in this community for a long time, you learn to look down the road, you can’t mitigate everything but there’s some things you can see coming, and that has been a lot of my concern is this idea that the Municipality is taking on this burden of policing that area.”
Earl said, “Our intention is to subdivide the land and give builders or homeowners an opportunity to build whatever house they want to build. I understand STAs are permitted here. In terms of whether it’s permitted or not, I can’t control that, that’s the Municipality’s purview.”
Deputy Mayor Rod Anderson voiced, “Your intentions are good. You’ve ticked every box and made sure you’re within the parameters of what you can do. [Council] seems to be a bit at odds with the BCPD. [Planning applications] come ahead and we are playing catch up. Maybe Bruce County should be announcing [planning applications] earlier.”
Mayor McIver stated, “Most people believe [a planning application] is a complicated process. One that takes a lot of time and money as well. I see where the applicant has gone through the process and provided several studies peer reviewed. Having gone through that process, I do support the application. I think the process has merit. I support the application and have no interest in going to the OLT.”
Councillor Todd Dowd said that he’s “reluctantly saying yes” to the application and Council being involved “at the tail end of this process is rather unfortunate.”
The Green Acres subdivision file was approved by all members of Council, with Deputy Mayor Anderson and Councillors Golden and Dowd displaying some hesitancy and concern with the decision.
Ignition of Family Fireworks Clarification
Fire Chief, Jack Burt, provided clarification on the ignition of family fireworks in the Municipality. Family fireworks are permitted on Victoria Day, Canada Day, Civic Holiday, Labour Day, Independence Day (USA), New Year’s Eve, or any event of municipal significance approved by Council. A permit is required and must be approved 30 days prior to your fireworks display. Fireworks are permitted to be discharged (with permit approval) on the Saturday of a long weekend for any holiday listed above or on Canada Day or New Year’s Eve if it falls any day other than Saturday. However, if a fireworks display is cancelled due to bad weather, then the display can occur on Sunday immediately after the scheduled display. The Fire Chief can provide special approvals if the terms are deemed acceptable. For additional information please refer to By-Law No. 2022-21 and visit https://nbp.burnpermits.com/ to apply for a fireworks permit online.
Rotary Hall to Receive Upgrades with Help from Spruce the Bruce Funding
Council approved upgrades to the Lion’s Head Rotary Hall consisting of the installation of an accessible front entrance door/opener, a façade improvement for windows, lighting and siding replacement, and perpendicular front entrance signage. Council budgeted $47,500 towards the improvements and Spruce the Bruce has agreed to contribute $11,750. Total project estimates are $66,800. Mark Coleman, Parks and Facilities Manager, confirmed that a potential future addition could be integrated into the upgraded structure without problem. He said, “This approach that we’ve taken the last two years is to make those improvements that are needed to keep the hall viable and improve its availability for bookings and use for the community.”
Lion’s Head Shuttle Agreement Renewed for 2025 Season
Council approved an agreement with the Golden Dawn Seniors Home for the operation of a shuttle service in Lion’s Head from June 27th to September 1st, 2025. As noted in Chief Administrative Officer (CAO) Report No. 25-09, The shuttle has been operational since 2022 to “alleviate traffic congestion, improve safety on Moore Street, and enhance visitor mobility to key tourist locations including Lion’s Head Provincial Park, the Marina, the Beach, and the downtown area.” Around 12,700 riders used the weekend shuttle in 2024 not including additional pick-up and drop-off passengers.
