Martin Kilian

The Niagara Escarpment Hearing Office held a series of pre-hearing conferences regarding appeals of a development permit approved by the Niagara Escarpment Commission.

The permit allowed the applicant to construct agricultural and retail structures on a property in the Escarpment Protection Area.

Following several teleconferences where settlement discussions and revised site plans were considered, the Hearing Officers issued a procedural order setting the schedule for document disclosure, issues lists, and the final hearing dates.

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.

Two appellants sought to appeal the Niagara Escarpment Commission's conditional approval of a development permit for greenhouse additions.

The Commission received their Notice of Appeal one day after the 14-day statutory appeal period expired.

The Hearing Officer found there was no statutory authorization or inherent jurisdiction to extend the time limit and process the late appeal.

The appeals were dismissed for lack of jurisdiction, though the appellants were permitted to request party status in a related, timely appeal.

The appellants appealed the conditional approval of a development permit for an agricultural pond.

At the hearing, the appellants requested an adjournment upon learning of a related greenhouse expansion application for medical marijuana cultivation on the subject property.

The applicant opposed the adjournment.

The Hearing Officer granted the adjournment, finding it necessary to ensure a full and fair hearing because the new information had not been disclosed to the appellants prior to the hearing.

The appellant appealed the Niagara Escarpment Commission's refusal to issue a development permit for a single dwelling and driveway on a property designated as Escarpment Natural Area and Escarpment Protection Area.

The Hearing Officer found that the proposed development met the objectives of the Niagara Escarpment Plan, constituted a permitted use, and satisfied the applicable development criteria and Provincial Policy Statement natural heritage policies.

The Hearing Officer recommended that the decision to refuse the permit not be confirmed and that a development permit be issued subject to conditions.

The appellants appealed the conditional approval of a development permit for upgrades to an existing serviced campground resort.

Following a pre-hearing conference, the parties resolved their issues and the appellants withdrew their appeals.

Pursuant to section 25(10.2) of the Niagara Escarpment Planning and Development Act, the withdrawal of the appeals resulted in the automatic confirmation of the Niagara Escarpment Commission's decision to issue the development permit.

The appellants appealed the conditional approval of a development permit application for upgrades to an existing campground resort.

At a pre-hearing conference, the Town of Niagara-on-the-Lake requested party status and the Niagara Parks Commission requested participant status.

The Hearing Officers granted both requests, finding that the Town had a genuine public interest and could make a relevant contribution, and that the Parks Commission had a genuine public interest.

The pre-hearing conference was adjourned to allow the parties to continue settlement discussions.

The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to construct a single dwelling.

During a pre-hearing conference, two individuals requested participant and presenter status, citing concerns about drainage and runoff impacts from the proposed development.

The Hearing Officer granted both requests, finding the individuals had a genuine interest in the proceeding and could make a relevant contribution.

Procedural directions and a hearing schedule were also ordered.