Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE:
December 21, 2018
CASE NO.:
16-011
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/Appellant:
2222699 Ontario Inc. (File No. 16-015)
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to permit the use of a pond and other facilities for water-skiing competitions; to provide hydro service; and to post a security device and signage.
Reference No.:
D/L/2014-2015/308
Property Address/Description:
Part Lots 1-3, Concession 7 EHS
Municipality:
Township of Mono
Upper Tier:
County of Dufferin
NEHO Case No.:
16-011
NEHO Case Name:
Dallan v. Ontario (Niagara Escarpment Commission)
Heard:
In writing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 2222699 Ontario Inc. | Cliff Singer* |
| Town of Mono | Jeff Wilker |
| Niagara Escarpment Commission | Elizabeth Kerr and Nancy Mott* |
| Mono Mulmur Citizen Coalition | Ed Kroeker* and Bob Mitchell* |
ORDER DELIVERED BY KAREN KRAFT SLOAN AND ROBERT V. WRIGHT
REASONS
Overview
1This order concerns three applications for costs in a Niagara Escarpment Hearing Office (“NEHO”) proceeding.
Report and Recommendations of the Hearing Officers
2In the proceeding, there were twenty hearing days on various dates from April 2016 to the beginning of March 2017. The parties describe the September 2016 hearing days as “Phase 1”, and the February 2017 hearing days as “Phase 2”. There were a number of parties, participants and presenters involved in the proceeding due to considerable public interest in the development proposal.
3The hearing resulted in the Report and Recommendations to the Minister of Natural Resources and Forestry (“Minister”) dated May 31, 2017, pursuant to s. 25 of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2 (“NEPDA”).
4In the Report and Recommendations, the NEHO Hearing Officers gave the opinion that the decision of the Niagara Escarpment Commission (“NEC”) to conditionally approve a development permit for the use of a pond in a former gravel pit on a property in the Niagara Escarpment Plan (“NEP”) area for water-skiing competitions (“Approved Development”) should not be confirmed. Instead, the Hearing Officers recommended approval of a conditional development permit including a number of terms and conditions contained in a redefined proposed development jointly presented and agreed upon by the Town of Mono (“Town”) and the NEC, with some changes recommended by the Hearing Officers (“Recommended Development Approval”).
5Of particular importance in the Recommended Development Approval were the terms and conditions that: the number of proposed water-skiing competitions be reduced from four to two; the number of parking spots be substantially reduced; the number of competitors per competition be capped; the development permit be for a three-year period with a review by the NEC; the owner of the property provide an annual report; and there be compliance with a Special Event Permit (“SEP”) from the Town.
6It was the Hearing Officers’ opinion that a conditional development permit substantially in the form of the Recommended Development Approval would: accord with the Purpose and the third and fifth Objectives of