Appeal of subdivision conditions dismissed; restoration plan required to protect adjacent wetland buffer.
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.
OLTOntario Land TribunalDec 5, 2024
