Dwayne Buck

The appellants appealed the denial of a minor variance and the refusal of a development permit to replace an existing deck with a larger, engineered deck located at a 0m setback within a dynamic beach hazard area on Lake Huron.

The appellants argued that existing timber cribs mitigated the dynamic beach processes, making the development safe.

The Tribunal dismissed both appeals, finding that the proposal was not consistent with the Provincial Policy Statement, 2024, or local planning policies, which strictly prohibit new development in dynamic beach hazard areas regardless of existing shoreline protection.

The applicant appealed two Orders to Remedy Unsafe Building issued by the Chief Building Official (CBO) for the City of St. Thomas, seeking to quash the orders and obtain an injunction against demolition.

The court, hearing the consolidated applications as appeals under the Building Code Act, reviewed the CBO's decisions on a standard of reasonableness.

Based on extensive engineering reports detailing severe structural deterioration, lack of owner's funds for repairs, and inadequate insurance, the court found the CBO's conclusion that the building was unsafe to be reasonable.

The applications were dismissed, and the CBO's orders were confirmed.