Sean Stewart

The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to construct a second, detached dwelling on a property in the Escarpment Rural Area.

The Hearing Officers found that the proposed development did not comply with the Niagara Escarpment Plan, which generally permits only one single dwelling per lot.

The proposal did not meet the criteria for a secondary dwelling unit because it would be detached and larger than the existing dwelling.

The appeal was dismissed and the refusal of the application was confirmed.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit allowing the applicant to convert the upper floor of an existing barn into a commercial rental facility for weekend weddings.

The central issue was whether the proposed wedding barn constituted an 'on-farm diversified use' (OFDU) under the new Niagara Escarpment Plan.

The Hearing Panel found that the proposed development, limited to 30 events annually with a maximum of 175 guests, was secondary to the principal agricultural use of the property, compatible with the rural character of the area, and met all applicable development criteria.

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