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Motion to consolidate Planning Act and NEPDA appeals granted; Tribunal assumes Minister's decision-making authority.
The applicant brought a motion to consolidate its appeal of a draft plan of subdivision under the Planning Act with appeals of a development permit under the Niagara Escarpment Planning and Development Act.
The Tribunal found that the statutory requirements for consolidation under section 21 of the Ontario Land Tribunal Act were met.
The Tribunal also determined that in a consolidated hearing, it has the authority to stand in the shoes of the Minister to make any decision that could be made after the hearing.
The undisputed motion for a consolidated hearing was granted.
Status hearing confirms merit hearing will proceed as party clarifies intent to pursue aggregate licence transfer.
The Tribunal convened a status hearing regarding the proposed transfer of two aggregate licences from the appellant to the property owner.
The appellant requested the Tribunal direct the Ministry to rescind the proposed transfer and cancel the upcoming hearing, arguing that the property owner's correspondence indicated it would no longer accept the transfer.
At the hearing, the property owner clarified that it still wished to proceed with the transfer and the hearing to pursue its claim for compensation.
The Tribunal confirmed the hearing would proceed as scheduled and made no determination on its jurisdiction to award compensation at this stage.
