The appellants appealed the Niagara Escarpment Commission's partial conditional approval of a development permit application for the applicant's property.
The applicant had constructed accessory structures and imported fill without prior approval.
The Commission approved the structures but refused the importation of fill.
The appellants argued the Commission erred by not ordering the removal of the fill under s. 24(6) of the Niagara Escarpment Planning and Development Act, alleging the fill caused adverse environmental impacts to their neighbouring properties.
The Tribunal dismissed the appeals, finding it lacked the statutory authority to issue a removal order under s. 24(6) and that the appellants failed to provide credible evidence of adverse impacts.