Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE:
July 06, 2016
CASE NO.:
16-001
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellants:
See Appendix 1 – Appellant List
Applicant:
Westcan Income Limited Partnership III
(Great Blue Resorts)
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to upgrade and re-design an existing serviced campground resort
Reference No.:
N/L/2015-2016/014
Property Address/Description:
Part Lots 6 and 7
Municipality:
Town of Niagara-on-the-Lake
Upper Tier:
Region of Niagara
NEHO Case No.:
16-001
NEHO Case Name:
Wisch v. Ontario (Niagara Escarpment Commission)
Heard:
In writing
APPEARANCES:
Parties
Counsel/Representative+
Westcan Income Limited Partnership III (Great Blue Resorts)
Jorge Oliveira+
Niagara Escarpment Commission
Martin Kilian+
Uwe Wisch
Self-represented
Thea Wisch
Self-represented
Angela Vogt
Self-represented
Andrea Kaiser
Self-represented
Patrick Prime
Self-represented
Brenda Prime
Patrick Prime+
Town of Niagara-on-the-Lake
Aaron Butler+
Participant
Niagara Parks Commission
Ellen Savoia+ and Donna Gibbs
REPORT DELIVERED BY HEATHER I. GIBBS AND KAREN KRAFT SLOAN
REASONS
Background
1Jorge Oliveira, on behalf of Westcan Income Limited Partnership III (Great Blue Resorts), submitted development permit application N/L/2015-2016/014 to the Niagara Escarpment Commission (“NEC”) on April 20, 2015, with a revised proposal on November 22, 2015. The revised proposal is to undertake upgrades and a re-design of an existing serviced campground resort (the “Proposed Development”). The Proposed Development is located on a portion of a 9.55 hectare (23.6 acre) lot located within the Niagara Escarpment Development Control Area, designated as Escarpment Rural Area.
2On December 30, 2015, the Development Permit application was conditionally approved by the NEC Director.
3A number of appeals were filed with the Niagara Escarpment Hearing Office (“NEHO”) under s. 25(8) of the Niagara Escarpment Planning and Development Act (“NEPDA”). The following individuals remain appellants: Uwe and Thea Wisch, Angela Vogt, Andrea Kaiser, Patrick Prime and Brenda Prime (“Appellants”).
4A Pre-hearing Conference was held by telephone conference call (“TCC”) on March 29, 2016, at which time the Town of Niagara-on-the-Lake (“Town”) was granted party status and the Niagara Parks Commission (“Parks Commission”) was granted participant status.
5Following the TCC, the parties resolved amongst themselves the issues that had been raised by the Appellants. In particular, the parties clarified the particulars of Condition 9, relating to a Site Plan. This clarification does not change Condition 9 itself, which provides:
- Prior to the issuance of any Building Permit by the Town of Niagara-on-the-Lake, the applicant shall finalize revisions to the existing Site Plan Agreement with the Town. The Agreement shall include, but not necessarily be limited to, the filing of a site plan, grading and drainage plan, storm water management plan, site servicing plan, Tree Protection Plan, and Landscape Plan to the satisfaction of the Town, the Niagara Peninsula Conservation Authority and the Niagara Escarpment Commission. Once approved, the plans filed with the Agreement shall form part of the Development Permit.
6On May 18, 2016, the NEHO received written confirmation that all of the Appellants were withdrawing their appeals.
7On May 19, 2016, the NEHO wrote a letter to all parties notifying them that it was in receipt of withdrawals from all outstanding appeals; however, a party (Town of Niagara-on-the-Lake) and participant (The Niagara Parks Commission) remained interested in the outcome of this proceeding. The Parks Commission and the Town confirmed later that day that they were content with the NEHO closing its file upon withdrawal of the appeals.
8All Parties were notified on May 26, 2016 that, further to all appellants withdrawing their appeals, the NEHO would be closing the file.
Relevant Legislation and Rules
25 (10.2) If the persons who appealed the decision withdraw their appeals or fail to appear at the hearing, the decision of the delegate shall be deemed to be confirmed.
Environmental Review Tribunal Rules of Practice
Termination of Development Permit Hearings Under section 25(8) of the Niagara Escarpment Planning and Development Act
- If the Appellant withdraws his or her appeal of a development permit, or fails to appear at the Hearing, the decision of the Niagara Escarpment Commission is automatically confirmed pursuant to section 25(10.2) of the Niagara Escarpment Planning and Development Act.
DECISION
10By operation of s. 25(10.2) of the NEPDA, the decision of the NEC to issue development permit no. N/L/2015-2016/014 is automatically confirmed as of the date of the withdrawal of the appeals, which was confirmed with the parties on May 26, 2016.
NEC Decision Confirmed
“Heather Gibbs”
HEATHER I. GIBBS
HEARING OFFICER
“Karen Kraft Sloan”
KAREN KRAFT SLOAN
HEARING OFFICER
Appendix 1 – Appellant List
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
Appendix 1
Appellant List
Appellant Name
File No.
Uwe Wisch
16-001
Thea Wisch
16-002
Angela Vogt
16-003
Andrea Kaiser
16-004
Patrick Prime
16-007
Brenda Prime
16-008