Development permit approval confirmed on consent with added tree preservation condition.
The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit to sever a lot and construct two dwellings.
Prior to the hearing, the parties reached an agreement to add a condition requiring a Tree Preservation and Planting Plan.
The Hearing Officer found the additional condition strengthened protections for the Escarpment lands and confirmed the Commission's decision with the revised conditions pursuant to section 25(12.1) of the Niagara Escarpment Planning and Development Act.
Tribunal ordered amendments to compliance dates in a Director's Order on consent of the parties.
The appellant appealed a Director's Order regarding waste street sweepings under the Environmental Protection Act.
Following an agreement between the parties, the Environmental Review Tribunal ordered the Director to amend the Order to reflect new completion dates for specific work items.
Stay of environmental order partially denied; public interest in notifying affected property owners outweighed municipality's concerns.
The City of Mississauga appealed a Director's Order requiring it to take various actions regarding street sweepings delivered to private properties between 2004 and 2011.
The City sought a stay of the Order pending the appeal.
The Director consented to a stay of the items requiring physical investigations and remedial work, but opposed staying the items requiring the City to share information and conduct a forensic audit to identify affected properties.
Applying the RJR-MacDonald test, the Tribunal found no statutory bar to a stay and a serious issue to be tried.
However, the Tribunal held the City failed to demonstrate irreparable harm to its reputation or from potential litigation.
The Tribunal also found the balance of convenience and public interest favoured denying the stay for the disputed items to ensure affected property owners receive proper notice and information.
The stay was granted in part on consent and dismissed for the disputed items.
Interim stay of Director's Order regarding waste street sweepings granted on consent.
The City of Mississauga appealed a Director's Order regarding waste street sweepings and sought an interim stay pending the disposition of a stay motion.
The Director consented to the interim stay.
The Environmental Review Tribunal found no statutory bar under sections 143(2) or 143(3) of the Environmental Protection Act and granted the interim stay on consent.
Stay of Director's Order regarding asbestos waste granted on consent pending prehearing conference.
The appellant sought a stay of a Director's Order requiring the cleanup and removal of alleged asbestos waste on his property.
The Director consented to the stay pending a prehearing conference, provided the material remained safely tarped.
The Tribunal found that a stay would not result in danger to health or safety under s. 143(3) of the Environmental Protection Act and granted the stay on consent.