Anne McDonald

The applicants appealed the City of Niagara Falls' refusal of a Zoning By-law Amendment application to permit the construction of a new detached dwelling.

The parties reached a full uncontested settlement.

Based on uncontradicted expert evidence in land use planning and ecology, the Tribunal found the settlement proposal consistent with the Provincial Planning Statement and in conformity with the Regional and City Official Plans.

The appeal was allowed in part on an interim basis, with the Zoning By-Law Amendment approved in principle pending the execution of a development agreement.

The applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit the development of eight new residential units on a waterfront property.

The Tribunal considered issues related to stormwater management, environmental impacts, and conformity with local land use planning policies.

While finding that a holding provision could address stormwater and environmental concerns, the Tribunal ultimately dismissed the appeal.

The Tribunal concluded that the proposed urban form of development was uncharacteristic of the surrounding hodgepodge cottage country, did not harmoniously integrate into the waterfront community, and failed to conform to the Town's Official Plan and the Crystal Beach Secondary Plan.