Kelly Cook

The Niagara Escarpment Commission proposed an amendment to the Niagara Escarpment Plan to allow for the development of on-farm diversified uses and agricultural-related uses outside of prime agricultural areas, among other changes.

Hearing Officers were appointed to receive representations on the proposed amendment.

The Hearing Officers recommended the adoption of the proposed amendments, finding that they meet the purpose and objectives of the Niagara Escarpment Planning and Development Act and the Plan, are consistent with Provincial policies, and are justified.

The amendments include allowing agricultural uses in Earth Science ANSIs, permitting expansions to existing agricultural buildings in key natural heritage features, allowing maple sugar harvesting in the Escarpment Natural Area, and permitting agriculture-related and on-farm diversified uses outside of prime agricultural areas in the Escarpment Protection Area.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The Tribunal held a settlement hearing regarding appeals of the new official plan for the City of Burlington concerning aggregate resource policies.

Based on the uncontroverted expert planning evidence, the Tribunal approved the proposed modifications to the official plan, finding they satisfy statutory requirements, are consistent with the Provincial Policy Statement, conform to provincial and regional plans, and represent good planning.

The appeals were allowed in part to give effect to the settlement.