Appeal of a severance condition requiring a Restoration Plan for a significant woodland dismissed.
The appellants appealed a condition imposed by the Town of Fort Erie's Committee of Adjustment on a provisional consent for a severance.
The condition required the submission and approval of a Restoration Plan for a significant woodland on the property.
The appellants argued the condition was unnecessary and disproportionate, relying on a 2018 Environmental Impact Study and a 5-metre setback.
The Town maintained the condition was supported by provincial and local planning policies to protect and restore natural heritage features.
The Tribunal preferred the Town's evidence, finding the 2018 study outdated and the condition reasonable, relevant, and necessary to ensure the long-term health of the woodland.
The appeal was dismissed and the condition upheld.
OLTOntario Land TribunalDec 9, 2025
