Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE: June 2, 2015
CASE NO(S): 14-041
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant: Bonnie Ledson
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct an asphalt parking lot and to provide off-road parking for visitors to the Cheltenham Badlands and users of the Bruce Trail
Reference No.: P/P/ 2013-2014/231
Property Address/Description: Part Lot 34, Concession 3, WHS
Municipality: Town of Caledon
Upper Tier: Region of Peel
NEHO Case No.: 14-041
NEHO Case Name: Ledson v. Ontario (Niagara Escarpment Commission)
Heard: May 27, 2015 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative+
Bonnie Ledson
Self-represented
Region of Peel
Robert Maciver and Sally Rook
Ontario Heritage Trust
William MacLarkey
Niagara Escarpment Commission
Michael Baran+
Ross Atkinson
Self-represented
Theresa Nadeau
Self-represented
Participants
John Ford
Self-represented
Irene Reimanis Aziz
Self-represented
ORDER DELIVERED BY HUGH S. WILKINS
REASONS
Background
1Beth Gilhespy, on behalf of the Bruce Trail Conservancy, submitted development permit application P/P/2013-2014/231 to the Niagara Escarpment Commission (“NEC”) on February 14, 2014, seeking permission to construct a 1,670 square metre asphalt parking lot to accommodate visitors to the Cheltenham Badlands and the Bruce Trail. The site of the project is located in the Town of Caledon, Region of Peel, and is owned by the Ontario Heritage Trust.
2On May 30, 2014, the NEC conditionally approved the application (the “Conditional Approval”).
3On June 12, 2014, Bonnie Ledson appealed the Conditional Approval under s. 25(8) of the Niagara Escarpment Planning and Development Act.
4A pre-hearing conference (“PHC”) regarding the appeal was held by telephone conference call (“TCC”) on August 14, 2014, in person on September 15, 2014 in Caledon East, Ontario, and by TCC on November 21, 2014, January 28, 2015, April 29, 2015 and May 27, 2015.
5During the TCC on May 27, 2015, the Hearing Officer issued an oral order setting deadlines for the exchange of issues lists. He also scheduled a further TCC to confirm the issues to be addressed at the main hearing and to set procedural deadlines. Directions relating to these items are set out below in this procedural order.
ORDER
6By June 16, 2015, Ms. Ledson, Ms. Nadeau and Mr. Atkinson shall each serve the other Parties by personal delivery, fax or email with a list of issues to be addressed at the main hearing, succinctly setting out each issue and stating its relevance to the question of whether the NEC’s decision to issue the Conditional Approval was in accordance with the Niagara Escarpment Plan and other relevant law and policy.
7By June 18, 2015, each Party shall serve the other Parties by personal delivery, fax or email with any comments that they wish to provide on the issues as set out in the issues lists described above. These comments will focus on the relevance of the issues to the question of whether the NEC’s decision to issue the Conditional Approval was in accordance with the Niagara Escarpment Plan and other relevant law and policy.
8The PHC is adjourned to a follow-up TCC to be held on June 19, 2015 at 2 p.m. to confirm the issues to be addressed at the main hearing and set dates for:
(a) the exchange among the Parties of all documents relevant to the proceeding and in the possession, control or power of a Party, except for those documents that are privileged;
(b) the exchange among the Parties and filing with the Niagara Escarpment Hearing Office of all documents, witness lists, witness statements and resumes of any expert witnesses that the Party intends to rely on at the main hearing; and
(c) the main hearing of the appeal.
Procedural Directions Ordered
Pre-hearing Conference Adjourned
“Hugh S. Wilkins”
HUGH S. WILKINS
HEARING OFFICER
If there is an attachment referred to in this document,
please visit www.elto.gov.on.ca to view the attachment in PDF format.
Niagara Escarpment Hearing Office
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248