TAMWORTH – The Township of Stone Mills failed in its bid to stop a planning appeal from a couple wanting to expand a clothing-optional campground.

In a decision released last week, the Local Planning Appeal Tribunal denied the township’s application to have the couple’s appeal thrown out.

The validity decision doesn’t settle the matter, it only lets the case go on to a hearing, if necessary.

Last year, Yvonne Gibson and her husband, Hector Gravelle, started the process to have their 40-hectare property on Carroll Road rezoned to allow them to expand the campground at Freedom Fields Naturist Ranch, which they have operated without the proper zoning since 2012.

In April of this year, Stone Mills Township council voted 4-3 to refuse the rezoning application, a decision that went against recommendations from township staff and consultants report.

In the 15-page validity decision, tribunal members Gerald S. Swinkin, Sarah Jacobs and James R. McKenzie made it clear that a full hearing would involve a review of the case in much greater detail.

But in their recent decision it was explained that the rules township council used to deny Freedom Fields’ rezoning application – its official plan – was not consistent with the regulations at higher levels of government.

In a two-tier municipality, where there are township and county governments, the township’s official plan has to be in line with the county’s official plan. In turn, both municipalities’ official plans must be consistent with provincial policy statements, referred to in the LPAT decision as the “constitution of the planning system in Ontario.”

In its decision, the LPAT stated that Stone Mills council denied the Freedom Fields application because its official plan does not allow campgrounds in rural areas.

A campground in a rural area is a permitted use under the provincial policy statements and official plan of Lennox and Addington County.

“From the evidence here, there is on the surface a deficiency in the zoning bylaw,” the decision stated. “Township council was made aware of that, but they made a decision of refusal and therefore chose to refrain from rectifying the deficiency.

“The decision of refusal is a planning decision and it has been taken in the face of professional advice about a present inconsistency and non-conformity.”

The township is in the midst of a five-year update of its official plan, a review that includes a proposed change to allow campgrounds in rural areas.

The LPAT decision was welcomed by Gravelle and Gibson, who are anxious to prepare for the 2019 season.

“We want to settle it, we want to open our doors. That’s all we want,” Gibson said in an interview.

“We have already lost a lot of clients from last year,” Gravelle added.