Demetrius Kappos

The appellants appealed the refusal of a development permit application to reconstruct a sideroad from seasonal to year-round use.

During a pre-hearing conference, the Township of Clearview requested a six-month adjournment because the proposed road work would encroach into wetland areas, requiring an application to amend the Niagara Escarpment Plan.

All parties consented to the adjournment.

The Hearing Officers granted the adjournment and vacated the previously scheduled hearing dates to allow the amendment process to take place.

The Niagara Escarpment Hearing Office issued a procedural order following a pre-hearing conference regarding appeals from the refusal of a development permit application to reconstruct 26/27 Sideroad.

The order sets out the organization of the hearing, including dates for the continuation of the pre-hearing conference, motions, and the main hearing, as well as requirements for witness lists, expert meetings, and the exchange of evidence.

At a pre-hearing conference regarding an appeal of the Niagara Escarpment Commission's refusal to issue a development permit for road reconstruction, several individuals and organizations requested party, participant, or presenter status.

The Hearing Officers granted the requests, finding that the applicants met the respective requirements under the Rules of Practice, as their interests could be directly and substantially affected by the hearing and they had a genuine interest in the subject matter.

The appellant appealed the Niagara Escarpment Commission's refusal to issue a development permit that would allow the importation of 1.8 million cubic metres of fill to rehabilitate a quarry.

The appellant argued the proposal was a permitted use under the Niagara Escarpment Plan, such as a mineral extraction operation or forest management.

The Hearing Officers found that the existing rehabilitation plan was substantially complete and that the proposal amounted to a commercial fill operation, which is not a permitted use.

The appeal was dismissed.