Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE: August 17, 2015
CASE NO.: 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: July 30, 2015 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative^+^
Bonnie Ledson
Ronald K. Webb and Rachel Godley
Niagara Escarpment Commission
Elizabeth Kerr
Ontario Heritage Trust
William MacLarkey and Peter Entecott (summer student)
Region of Peel
Robert Maciver
Ross Atkinson
Self-represented
Theresa Nadeau
Self-represented
Participant
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 project is located in the Town of Caledon, Region of Peel, and the site 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 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 TCCs on November 21, 2014, January 28, April 29, May 27, July 21, and July 30, 2015.
5On October 3, 2014, the Niagara Escarpment Hearing Office (“NEHO”) issued an Order granting: party status to Theresa Nadeau, the Region of Peel, and the Ontario Heritage Trust; participant status to John Ford, Lisa Nichols, Sam Perri, Irene Reimanis Aziz, Barb Shaughnessy and Paul Walker; and presenter status to Jane and Ross Atkinson. On December 17, 2014, the NEHO granted party status to Mr. Atkinson and accepted a request by Ms. Atkinson to withdraw from the proceedings.
6On June 30, 2015, Ms. Nichols sent correspondence to the Tribunal withdrawing as a participant from the proceedings and on July 8, 2015, Mr. Ford wrote to the Tribunal withdrawing as a participant from the proceedings.
7A fuller background on the interests of each of the added parties and participants can be found in the NEHO’s October 3 and December 17, 2014 Orders.
8During the TCC on July 30, 2015, the parties agreed to a schedule for the proceedings and the NEHO provided procedural directions and set dates for the hearing of the appeal. The NEHO also confirmed the withdrawal of Mr. Ford and Ms. Nichols from the proceedings.
ORDER
9The NEHO directs the following schedule related to the appeal:
September 15, 2015
Parties and participants to exchange all documents relevant to the proceeding and in their possession, control or power
October 15, 2015
Appellant’s and Ms. Nadeau’s witness statements and documents to be relied on at the hearing to be served on the other parties and the participants and filed with the NEHO
December 15, 2015
Responding parties’ and participants’ witness statements and documents to be relied on at the hearing to be served on the other parties and the participants and filed with the NEHO
January 15, 2016
Appellant’s and Ms. Nadeau’s reply witness statements and reply documents, if any, to be served on the other parties and the participants and filed with the NEHO
February 1 to 5, and March 23 to 24, 2016
Hearing of the appeal commencing at 10 a.m. at a venue to be determined in Caledon, Ontario
10Mr. Ford’s and Ms. Nichols’ statuses as participants are withdrawn.
11The preliminary hearing in this matter is adjourned to a TCC to be held on October 23, 2015 at 10 a.m. The NEHO Case Coordinator will forward call-in details for the TCC to the parties and participants.
Procedural Directions Ordered
Pre-hearing Conference Adjourned
“Hugh S. Wilkins”
HUGH S. WILKINS
HEARING OFFICER
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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