Water servicing issues halt Scotland subdivision plan

Hamilton Spectator

25-05-2025

County of Brant Council ultimately decided to not support a zoning by-law amendment application and draft plan application for a proposed subdivision in Scotland, during their regular Council meeting on Tuesday, May 13, 2025.
The approximately 85 acre property in question is currently being farmed and is located along Thirteenth Concession Road, situated just adjacent to an existing subdivision to the southeast. This area of the County is serviced by private infrastructure, and future development will require private well and sanitary.
While landowner, Michael Haley, originally proposed a 108-lot subdivision with single detached dwellings, a park, stormwater management, and mixed-used residential commercial blocks back in May of 2024, he has since come back with a revised plan.
Denise Landry, a principal planner with Nethery Planning who was retained by the County to assist with reviewing development applications, explained that the new plan now includes a 77-lot subdivision, park, stormwater management blocks and multiple walkways blocks.
Landry said that while several key factors of the original proposal have been changed, there are still several things staff are concerned about.
'The hydrogeological report's analytical results for nitrate from the site indicate high levels of nitrate. Where health-related Drinking Water Quality Standards criteria are not met, the Ministry of Environment, Conservation and Parks, recommends against approval of a development based on individual wells; the assessment has identified that the site cannot sustain private wastewater servicing,' she said. 'County staff and peer review consultants still have concerns regarding stormwater management and the one outlet as it proposes to drain overland through private properties which is not permitted.'
Landry continued to say that staff had ultimately concluded that despite the application change, the proposed build was not appropriate and did not represent good planning 'as there are significant private servicing concerns that pose risks associated with the protection of water, environment and human health.'
Following Landry's presentation, Bob Phillips from J.H. Cohoon Engineering Ltd. and Ruchika Angrish from the Angrish Group, spoke on behalf of the applicant.
Angrish explained that they have been working with County staff to address several issues, and that while the quality of the water still remains a concern, there are enhanced treatments they could utilize for potable water and the septic beds.
With that in mind, the two were proposing that perhaps the landowner could move ahead with phase one of the development (16 residential lots on private services).
'There are draft conditions that can always address a number of further assessments to satisfy any concerns,' said Angrish. 'We're hoping to get approval on phase one, putting a holding provision on the remaining stages of the subdivision so that additional technical assessments and MESP [Master Environmental Servicing Plan], which can be completed in time to address the balance of the subdivision.'
Councillor John Peirce, then asked if they could elaborate on what they were thinking to address the issues with the water.
Phillips said that from a septic point of view, there are systems that exist which can reduce the nitrates in the effluent into the septic bed.
'Theoretically, you can reduce that significantly, but obviously, we're facing the impacts of the farming activities that have happened over the years on the property. What we're proposing is these systems, which are totally approved under the Ontario Building Code, reduce nitrates in the effluent; theoretically, you take water out of the groundwater, use it through your home, treat it and put it back into the septic system, and it's actually better than the groundwater that's there today…that's the theory there,' he said. 'Obviously there's the other aspect of this where you have to treat the water for use in the home. Those are fairly simple systems to eliminate the nitrates in the water that's used in the home, and that's what's being proposed here.'
Andrea Bazzard, the County's Director of Environmental Services, clarified that there were two main concerns with development even for just phase one.
'The first concern here is reliable safe drinking water for the development; four out five wells that were drilled on this site, exceeded the drinking water quality standard for nitrates of 10 milligrams per litre. The province is extremely clear that when it comes to health related parameters, they do not recommend private treatment systems and the reason for that is because the risk acute to human health when consuming this water is too high,' said Bazzard. '….The second part of the conversation here is private sewage treatment. This development, as it stands, has high nitrates, and a lot of this is a result of the agricultural practices on this property and in the surrounding areas. The groundwater flow through this property is southeasterly, so it heads towards the current settlement area. All of those people currently drink that water.'
Bazzard continued, saying that while Phillips was right about there being systems to help improve the water, as it stands without the proposed development, they're already sitting at above what is acceptable for drinking water. She suggested that the applicant ultimately wait until the MESP findings come in, or until they can find a community wide solution before moving forward with the plans.
Members of the public were then given the opportunity to speak to the application, and many residents expressed their concerns in regards to low water supply, the fact that the proposed water solutions were based on theories, and the ultimate loss of prime agricultural lands.
'A lot of us here today are farmers or have been residents of Scotland for many years, and theory aside, we need proof. We need proof that this isn't going to impact the major agricultural land that this is. …We're the major vegetable garden of Ontario and we have to feed all these people; how are we going to do that when we don't even have enough water for people to live in their houses?' asked Danielle Demeyere. 'We also have to keep in mind that we have to water all these fields. We're taking prime agricultural land that is perfect sandy soil for vegetables, and we're altering it for people to live, and while that's great, it's all about location.'
Later, both Mayor David Bailey and Councillor Jennifer Kyle mentioned that because water issues are the responsibility of the Council, given what the staff report says, it would be in the community's best interest to support the staff recommendation.
Councillor John Bell later asked if staff had been in touch with the Grand Erie Public Health, and Bazzard confirmed they have been in touch and that a meeting is being scheduled to discuss the water quality issue further.
Council ultimately decided to vote in favour of staff's recommendation to deny the current zoning by-law amendment application and draft plan application for a proposed subdivision.
Kimberly De Jong's reporting is funded by the Canadian government through its Local Journalism Initiative. The funding allows her to report rural and agricultural stories from Blandford-Blenheim and Brant County. Reach her at
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