Natalia Gerrard

The applicant sought a development permit to construct a garage on a property within the Niagara Escarpment Plan area.

Several neighbours appealed the conditional approval, raising concerns about visual impact, potential use as a second dwelling, and septic capacity.

Following pre-hearing conferences, the parties agreed to modified conditions requiring a landscape plan for vegetative screening and a restriction registered on title prohibiting use as a dwelling.

The Hearing Officer confirmed the modified decision pursuant to section 25(12.1) of the Niagara Escarpment Planning and Development Act and dismissed the appeals.

The appellants appealed the conditional approval of a development permit issued to the applicant for the construction of a one and a half storey accessory building.

During pre-hearing conferences, the applicant re-designed the proposed garage to include recreation facilities requiring water and sewage servicing.

The Hearing Officer issued a procedural order directing the applicant to provide information on sewage management and a drawing depicting the visual relationship between the residence and the garage.

The Niagara Escarpment Commission was also directed to provide draft wording for conditions regarding a landscape plan and restricting the use of the garage as a second dwelling.