Darien Ekblad

The appellant appealed the Region's decision to impose a commercial development charge for a property to be leased to Goodwill Industries.

The appellant argued that Goodwill's operations, which include processing and recycling textiles, should be classified as an 'Industrial Use' under the Development Charge By-law.

The Tribunal found that the by-law's definition of 'Industrial Use' clearly requires the use to be connected with manufacturing.

Since no manufacturing was occurring on the property, the Tribunal concluded that the commercial rate was correctly applied and dismissed the appeal.

The appellant appealed a condition imposed by the Niagara Escarpment Commission on a development permit for a residential addition.

The condition required the appellant to enter into an agreement on title prohibiting more than one dwelling unit on the property.

The Hearing Officer found that the condition was speculative, redundant, and an overreach, as secondary dwelling units are already prohibited under the Niagara Escarpment Plan.

The Minister of Natural Resources adopted the Hearing Officer's recommendation and directed the issuance of the permit without the disputed condition.

The applicant appealed the conditions of a draft plan of subdivision approval for 16 residential lots in the Town of Fort Erie.

The dispute centered on three new conditions requested by the Region of Niagara requiring a Restoration Plan and associated securities to protect a 30-metre buffer to a provincially significant wetland.

The Tribunal accepted the uncontroverted expert planning evidence that the conditions were necessary and reasonable to mitigate impacts on the natural heritage system.

The appeal was dismissed and the conditions were added to the draft plan approval.