The applicant appealed the Chief Building Official's decision to issue a building permit for a waste processing facility.
The applicant argued the facility was not a permitted 'Dry Industry' use and lacked required municipal service connections.
The Superior Court of Justice found the applicant had standing and upheld the CBO's reasonable determination that the facility was a permitted use.
However, the court modified the building permit to mandate that the facility be fully connected to municipal water and sewer services prior to occupancy, as required by the zoning by-law.
