Ken Hare

At a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a mixed-use development, the Ontario Land Tribunal granted party status to the Niagara Escarpment Commission.

The Tribunal also scheduled a third Case Management Conference and a four-week Hearing of the Merits.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for a single dwelling on a vacant lot, citing concerns about visual impacts and building size.

Following mediation, the parties reached a settlement.

At the settlement hearing, the Ontario Land Tribunal heard uncontested expert planning evidence supporting the approval.

The Tribunal found the decision to conditionally approve the development permit was correct and confirmed the decision pursuant to section 25(12.1) of the Niagara Escarpment Planning and Development Act.

The appellant appealed the City of Hamilton's failure to make a decision on a Zoning By-law Amendment application to permit a residential apartment addition.

The parties reached a settlement for a 9-storey mid-rise building addition to the existing rental apartment building.

The Tribunal accepted uncontroverted expert planning evidence that the settlement proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, the Niagara Escarpment Plan, and the Urban Hamilton Official Plan, and represents good land-use planning.

The appeal was allowed in part to approve the amended Zoning By-law.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for a two-storey dwelling and sewage system.

The appellant argued the development was incompatible with the character of the Minor Urban Centre and that the sewage system was improperly located near a key hydrologic feature.

The Hearing Officers accepted the expert planning evidence that the development maintained the area's character and met growth objectives.

They also found the drainage area was not a key hydrologic feature and the Commission reasonably exercised its discretion regarding the sewage system setback.

The appeal was dismissed and the Commission's decision confirmed.

The appellant appealed the Niagara Escarpment Commission's approval of a development permit.

During a pre-hearing conference, the Hearing Officers found that the appellant failed to comply with previous procedural orders requiring him to refine his issues list and confirm the retention of expert witnesses.

The Tribunal warned the appellant of the potential consequences of non-compliance, including dismissal of the appeal, and imposed a final deadline for the appellant to identify his expert witnesses and the specific issues they would address at the merits hearing.

The appellant appealed the approval of a development permit for a single dwelling on the Niagara Escarpment.

At a pre-hearing conference, the Hearing Officers reviewed the appellant's preliminary issues list.

The Hearing Officers struck several issues related to the Commission's internal processes, standards, and notification procedures, finding the NEHO lacked jurisdiction to adjudicate them.

The appellant was directed to refine the remaining issues and confirm the retention of a technical consultant for the merits hearing.

The appellant appealed the approval of a development permit application for the construction of a single dwelling.

A pre-hearing conference was held to identify parties and provide procedural directions.

The Hearing Officer granted participant status to two entities and scheduled a second pre-hearing conference to facilitate discussions to narrow the issues in dispute.