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Motion for leave to appeal dismissed with costs fixed at $10,000.
The moving party, The Corporation of the City of Peterborough, brought a motion for leave to appeal a prior decision.
The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $10,000 to the responding party.
Development permit refusal overturned; proposed dwelling and driveway found to comply with Niagara Escarpment Plan.
The appellant appealed the Niagara Escarpment Commission's refusal to issue a development permit for a single dwelling and driveway on a property designated as Escarpment Natural Area and Escarpment Protection Area.
The Hearing Officer found that the proposed development met the objectives of the Niagara Escarpment Plan, constituted a permitted use, and satisfied the applicable development criteria and Provincial Policy Statement natural heritage policies.
The Hearing Officer recommended that the decision to refuse the permit not be confirmed and that a development permit be issued subject to conditions.
Participant and presenter status granted to neighbours concerned with drainage impacts of proposed development.
The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to construct a single dwelling.
During a pre-hearing conference, two individuals requested participant and presenter status, citing concerns about drainage and runoff impacts from the proposed development.
The Hearing Officer granted both requests, finding the individuals had a genuine interest in the proceeding and could make a relevant contribution.
Procedural directions and a hearing schedule were also ordered.
