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Appeal of development permit dismissed; tree removal was exempt and private privacy concerns not protected.
The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for a second-storey addition on a neighbouring property.
The appellant argued the applicants contravened conditions and by-laws by removing mature trees, negatively impacting his privacy.
The Tribunal found that the boundary trees were removed prior to the applicants' ownership, and the other trees were exempt from requiring a permit due to safety hazards.
The Tribunal also accepted expert evidence that the Commission is only required to consider visual impacts from public vantage points, not private properties.
The appeal was dismissed and the Commission's decision confirmed.
