Appeal of municipal drain design dismissed; technical design found sound despite potential impact on trees.
The appellants appealed an engineer's report for a proposed municipal drain, arguing the design lacked a sufficient safety margin for flooding and would damage mature trees on their property line.
The Tribunal found the drain design was technically sound and adequate for a 100-year storm event.
While acknowledging the potential trauma to the trees, the Tribunal concluded the overall area would benefit from the drainage works and urged the municipality to address tree preservation and compensation in the subdivision agreement.
The appeal was dismissed, subject to minor modifications to the engineer's report regarding road elevations and maintenance.
Komoka Drainage Works Union Avenue Branch (RE), 2007 ONAFRAAT 6
