Development permit condition requiring an agreement on title to prohibit a secondary dwelling unit struck down.
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.
OLTOntario Land TribunalApr 30, 2025
