Brandon Henderson

The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to sever a lot and construct a new dwelling for his extended family.

The subject property is designated Escarpment Protection Area under the Niagara Escarpment Plan.

The Hearing Officer accepted the uncontroverted expert planning evidence that the proposed severance exceeded permitted lot density provisions and did not conform to the lot creation policies of the Plan.

The appeal was dismissed and the refusal of the application was confirmed.