Niagara Escarpment Hearing Office

Bureau des audiences sur l’escarpement du Niagara

ISSUE DATE:

March 08, 2018

CASE NO.:

17-062

PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended

Appellant:

Danik Daniels

Applicant:

Charles Linsey & Associates Limited

Respondent:

Niagara Escarpment Commission

Subject of appeal:

Approval of a Development Permit Application to recognize the demolition of a one-storey storage barn

Reference No.:

W/D/2015-2016/384

Property Address/Description:

Part Lot 17 FW FLM, Concession 2

Municipality:

(Former) Town of Dundas

Upper Tier:

City of Hamilton

NEHO Case No.:

17-062

NEHO Case Name:

Daniels v. Ontario (Niagara Escarpment Commission)

Heard:

February 16, 2018 by telephone conference call

APPEARANCES:

Parties

Representative

Danik Daniels

Self-represented

Charles Linsey & Associates Limited

Charles MacPhail

Niagara Escarpment Commission

Jim Avram

Andrew Dyment

Self-represented

ORDER DELIVERED BY MARLENE CASHIN AND JUSTIN DUNCAN

REASONS

Background

1On June 22, 2017 the Niagara Escarpment Commission (“NEC”) conditionally approved a development permit application, number W/D/2015-2016/384, submitted by Charles Linsey & Associates Ltd. to recognize the demolition of a one-storey, 515 square metre implement storage barn on a 21.2 hectare lot identified as Part Lot 17 FW FLM, Concession 2, located in the (Former) Town of Dundas, City of Hamilton (“Conditional Approval”). The subject property is owned by Andrew Dyment and supports a variety of other structures, including a residential dwelling, a livestock barn and silo, a detached garage, and a swimming pool.

2On July 5, 2017, Danik Daniels, owner of an adjacent property, appealed the NEC’s decision to grant the Conditional Approval.

3On December 12, 2017 a Pre-hearing Conference (“PHC”) took place by telephone conference call (“TCC”).

4During the PHC, the Hearing Officers ordered that disclosure of documents between the parties occur by January 31, 2018 and scheduled a subsequent TCC for February 16, 2017 to allow the parties time to consider the contents of disclosure. Reasons for the Niagara Escarpment Hearing Office’s (“NEHO”) oral dispositions were set out in an order issued on December 27, 2017.

5The TCC on February 16, 2017 was attended by Mr. MacPhail, Mr. Dyment, Mr. Daniels and Mr. Avram. To begin, the Hearing Officers requested that Mr. Dyment confirm whether he intended to have status separate from Charles Linsey & Associates Limited on the appeal. Following a discussion with the Hearing Officers, Mr. Dyment requested status as a party. Mr. Dyment submitted that as he is the owner of the property that is the subject of the appeal, he will be substantially affected by the outcome of the appeal and he may potentially take a different position from Charles Linsey & Associates Limited on certain matters. As there were no objections from the other parties to Mr. Dyment being added as a party, the Hearing Officers granted Mr. Dyment party status pursuant to Rule 62 of the Rules of Practice of the Environmental Review Tribunal, applicable to the NEHO.

6The parties confirmed that the exchange of documents ordered during the PHC had taken place and that there were no outstanding issues with disclosure.

7A discussion of the issues to be raised by Mr. Daniels in the appeal also took place during the TCC. Mr. Daniels confirmed that his issues are generally as follows:

a. Whether a revised survey and site plan should be prepared showing the entire property and the structures located on the property;

b. Whether a condition for sampling for environmental contaminants should be included in the approval; and

c. Whether a condition for a heritage assessment should be imposed.

8The parties indicated during the TCC that they had not yet finalized their list of witnesses to be called at the hearing. The Hearing Officers, in consultation with the parties, then set the following schedule for the remaining steps on the appeal:

a. March 29, 2018 for the exchange and filing of witness lists;

b. April 13, 2018 for the exchange and filing of witness statements and documents to be relied upon;

c. The hearing will take place on April 25 and April 26, 2018 starting at 10 a.m. at the following location:

Second Floor Auditorium Dundas Municipal Service Centre 60 Main Street Dundas, ON L9H 2E8

ORDER

9Andrew Dyment is granted party status on the appeal.

10Witness lists shall be exchanged between the parties and filed with the NEHO by March 29, 2018.

11Witness statements and documents to be relied on at the hearing shall be exchanged between the parties and filed with the NEHO by April 13, 2018.

12The hearing shall take place on April 25 and 26, 2018.

Party Status Granted

Procedural Directions Ordered

Hearing Scheduled

“Marlene Cashin”

MARLENE CASHIN

HEARING OFFICER

“Justin Duncan”

JUSTIN DUNCAN

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

Environmental Review Tribunal

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