Sandy Dobbyn

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 appellant appealed a condition imposed by the Niagara Escarpment Commission on a development permit for a residential addition.

The condition required the appellant to enter into an agreement on title prohibiting more than one dwelling unit on the property.

The Hearing Officer found that the condition was speculative, redundant, and an overreach, as secondary dwelling units are already prohibited under the Niagara Escarpment Plan.

The Minister of Natural Resources adopted the Hearing Officer's recommendation and directed the issuance of the permit without the disputed condition.