Appeal dismissed; permit for dwelling enlargement in flood hazard area refused due to lack of safe access.
The appellant appealed the Central Lake Ontario Conservation Authority's refusal to issue a permit for the reconstruction and enlargement of an existing dwelling on a property located on a barrier beach.
The Tribunal found that the property is located within a riverine floodplain and meets the definition of hazardous land under O. Reg. 41/24.
The Tribunal accepted expert evidence that the proposed development would increase the size of the building, thereby increasing the potential occupancy and the risk to health and safety during a regulatory flood event.
Furthermore, the Tribunal found that the property lacks safe access for vehicles and people during times of flooding, rendering the proposal inconsistent with the Provincial Policy Statement 2020 and the Conservation Authority's policies.
The appeal was dismissed and the refusal of the permit was upheld.
OLTOntario Land TribunalOct 16, 2024
