Patrick Robson

The applicant appealed the conditions imposed by the Niagara Escarpment Commission (NEC) on a development permit for an agri-tourism use, specifically an on-farm accommodation and bistro.

The NEC did not participate in the hearing, and another appellant withdrew.

The Hearing Officer accepted the applicant's expert planning evidence that the original conditions were inappropriate, as they attached to the user rather than the use and duplicated municipal jurisdiction.

The Tribunal approved the applicant's Revised Conditions, finding them to represent good planning and the public interest, and confirmed the NEC's decision to issue the permit subject to these new conditions.

The applicants sought a development permit to construct a second dwelling on their farm property within the Niagara Escarpment to facilitate farm succession.

The Niagara Escarpment Commission (NEC) conditionally approved the permit, which was appealed by the Coalition on the Niagara Escarpment.

The Hearing Officer recommended refusing the permit, finding that the proposal did not meet the strict requirements of the Niagara Escarpment Plan for secondary or temporary farm dwellings.

However, the Minister of Natural Resources and Forestry rejected the Hearing Officer's recommendation and confirmed the NEC's decision to issue the conditional development permit.