The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for a two-storey addition to an existing dwelling.
The appellant argued the permit should not be granted because an existing garage and fence encroached on an unopened municipal road allowance.
The applicant brought a motion to dismiss the appeal without a hearing.
The Hearing Officers granted the motion and dismissed the appeal, finding that the alleged encroachment was a property boundary dispute outside the scope of the development permit and did not disclose a valid planning justification.