Judy Rhodes-Munk

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit to demolish a chalet and construct a new dwelling.

Prior to the hearing, the parties reached a settlement that modified the building materials, landscaping, and grading to reduce visual impacts.

The Hearing Officers reviewed the revised conditions of approval, found them to be in accordance with the Niagara Escarpment Plan, and confirmed the Commission's decision as modified by the settlement.

Blueridge Cedar Ltd. appealed the Niagara Escarpment Commission's refusal of a development permit application to construct an agricultural accessory building on a landlocked property.

The property was accessible only by an unimproved right-of-way over steep and environmentally sensitive terrain.

The Hearing Officer found that the proposed development did not meet the requirement for frontage onto a public road under the municipal official plan, and therefore failed to accord with the development criteria of the Niagara Escarpment Plan.

The appeal was dismissed and the Commission's decision was confirmed.