Appeal of development permit dismissed; retreat centre recognized as a legal existing use under the Niagara Escarpment Plan.
The appellants appealed a decision of the Niagara Escarpment Commission conditionally approving a development permit to recognize the existing use of a property as a retreat centre.
The appellants argued that the retreat use was not a permitted use and did not qualify as an 'existing use' under the Niagara Escarpment Plan.
The Tribunal found that while the retreat use was not a listed permitted use, it qualified as an existing use because it was legally established prior to June 12, 1985, and had continued without interruption, including during the COVID-19 pandemic.
The Tribunal dismissed the appeal and confirmed the Commission's decision to issue the development permit.
OLTOntario Land TribunalDec 19, 2024
