Niagara Escarpment Hearing Office

Bureau des audiences sur l’escarpement du Niagara

ISSUE DATE: July 10, 2018

CASE NO.: 18-010

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

Appellant: Tom Monahan (File No. 18-010)

Appellant: Barry Stone (File No. 18-011)

Applicant: Credit Valley Conservation

Respondent: Niagara Escarpment Commission

Subject of appeal: Approval of a Development Permit Application to construct two vault washrooms in two locations with septic tanks

Reference No.: H/P/2016-2017/85

Property Address/Description: Part Lots 29 & 30, Concession 11, Terra Cotta Conservation Area

Municipality: Town of Halton Hills

Upper Tier: Regional Municipality of Halton

NEHO Case No.: 18-010

NEHO Case Name: Monahan v. Ontario (Niagara Escarpment Commission)

Heard: June 26, 2018 by telephone conference call

APPEARANCES:

Parties	Representative
Tom Monahan	Self-represented
Barry Stone	Self-represented
Credit Valley Conservation	David Wells
Niagara Escarpment Commission	Kim Peters

ORDER DELIVERED BY MARLENE CASHIN AND GRAHAM REMPE

REASONS

Background

1On February 28, 2018, the Niagara Escarpment Commission (“NEC”), by a Director’s Approval, conditionally approved development permit application number H/P/2016-2017/085 submitted by Credit Valley Conservation (“CVC” or “Applicant”) to construct two +11 square metre vault washrooms in two locations with a maximum height of 2.9 metres including two associated 9,000 litre septic tanks, on a 165.2 hectare lot (“Conditional Approval”). The proposed development is to take place on a property identified as Part Lots 29 & 30, Concession 11, Terra Cotta Conservation Area, in the Town of Halton Hills, Region of Halton (“Subject Property”).

2On March 6, 2018 and March 8, 2018 respectively, Tom Monahan and Barry Stone (together the “Appellants”), appealed the NEC’s decision to grant the Conditional Approval. Messrs. Monahan and Stone both live in residences located on Tenth Line, nearby the Subject Property.

3On June 26, 2018, a Pre-hearing Conference (“PHC”) took place by telephone conference call. Attending the call were the Appellants, Kim Peters, planner for the NEC, and David Wells, representative for CVC.

4At the outset of the PHC, Mr. Wells informed the Hearing Officers that he would be retiring on June 29, 2018 and that CVC would be represented by someone else moving forward. Mr. Wells subsequently informed the Niagara Escarpment Hearing Office (“NEHO”) on June 29, 2018 by email that the new representative would be Shawn Verge, Manager, Conservation Parks.

5In a discussion of the issues raised in the appeal, Ms. Peters provided the history of the application. She said the NEC’s reason for approving the application for the two vault washrooms is that persons visiting the day-use picnic areas of the Subject Property do not have convenient access to washrooms. She explained that the need for the washrooms was identified in the Terra Cotta-Silver Creek Complex Management Plan, dated 2008, and that the consulted agencies, including the Ministry of Natural Resources and Forestry, had no objection to the proposal for the washrooms. She said that the issue of an entry point off Tenth Line is permitted by Ontario Regulation 828/90, which is a Bruce Trail exemption for the access.

6Mr. Monahan stated that his predominant concern is the “illegal”, as he characterized it, entry point located off of Tenth Line into the Subject Property. He said that the entry point is currently causing a dangerous situation for drivers and pedestrians in the area.

7Mr. Stone told the Hearing Officers that he takes the same position as Mr. Monahan on the safety issues related to the access point off Tenth Line. He added that the access to the Subject Property off Tenth Line allows individuals to gain access to the park without paying, which represents a loss of revenue for the park. He said that there are washrooms located near the entrance to the park and new washrooms would further invite users to use the “back door access” to the park and circumvent the regulation for a day pass.

8The Applicant elaborated on the issue of the entrance on Tenth Line, explaining that the Bruce Trail ends across the road at the Silver Creek Conservation area, and the access into the Subject Property is to allow for continued access to the Bruce Trail.

9The Hearing Officers asked the parties if they would benefit from some time to pursue settlement discussions (or scoping of issues) and they declined. The Hearing Officers proceeded to set a date for the hearing and related filing dates.

10Pursuant to Rule 141 of the Rules of Practice of the Environmental Review Tribunal, applicable to the NEHO, the Hearing Officers directed that the parties exchange disclosure of all documents relevant to the proceeding by July 4, 2018. In consultation with the parties, the Hearing Officers also scheduled the remaining dates for the appeal, including filing and hearing dates as set out in the Order below.

ORDER

11The exchange of disclosure between the parties shall occur on or before July 4, 2018.

12The parties shall serve their Witness Statements and other documents to be relied upon at the hearing on each of the other parties, and file them with the NEHO, on or before July 25, 2018.

13The Hearing shall take place on August 8, 2018 commencing at 10 a.m. in

Council Chambers Halton Hills Town Hall 1 Halton Hills Drive Georgetown, ON L7G 5G2

Procedural Directions Ordered Hearing Scheduled

“Marlene Cashin” MARLENE CASHIN HEARING OFFICER

“Graham Rempe” GRAHAM REMPE 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