Laurie M. Bruce

The appellant appealed a Provincial Officer's Order requiring a written report identifying motor vehicles with non-compliant emission control systems.

The parties reached a settlement agreement where the appellant agreed to comply with the order within 60 days of withdrawing the appeal.

The Environmental Review Tribunal accepted the settlement, finding it consistent with the Environmental Protection Act and in the public interest, and dismissed the appeal.

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.

The appellant appealed the conditional approval of a development permit application to convert a barn into a commercial rental facility for weddings.

Following several adjournments to allow the applicant to pursue an amendment to the Niagara Escarpment Plan, the applicant decided not to pursue the amendment.

The Hearing Panel held a pre-hearing conference call and issued an order setting the procedural schedule and dates for the hearing of the appeal.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit allowing the applicants to construct a new dwelling, a greenhouse, and a small-scale commercial use accessory to agriculture (a Community Supported Agriculture operation) on their property.

The appellants argued the commercial use was not permitted in an Escarpment Protection Area and raised traffic safety concerns.

The Hearing Panel found that the proposed development is a permitted use under the Niagara Escarpment Plan and satisfies the relevant development criteria.

The Panel also found no evidence of traffic safety issues given the low volume of vehicles anticipated.

The appeals were dismissed and the Commission's decision was confirmed.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for environmental remediation.

Prior to the hearing, the parties reached a settlement agreement to amend the conditions of approval to address concerns regarding species at risk and their habitats.

The Hearing Officers found the revised conditions to be in accordance with the Niagara Escarpment Plan and confirmed the decision to issue the permit with the revised conditions.

The applicant requested the dismissal of appeals against a conditionally approved development permit for environmental remediation on the Niagara Escarpment.

The applicant argued the appeals lacked planning justification and were intended to delay development on a neighbouring property.

The Hearing Officers found the applicant failed to meet the onus under s. 25(8.1) of the Niagara Escarpment Planning and Development Act, as the appellants raised valid planning concerns regarding wildlife habitat protection.

The motion to dismiss the appeals was denied.

The applicant requested an adjournment of the appeal hearing to allow for a Niagara Escarpment Plan amendment application to be processed.

All parties consented to the adjournment.

The Hearing Panel granted the adjournment, finding it reasonable as the amendment application was closely related to the current appeal, and vacated the previously scheduled hearing dates.