Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE:
July 30, 2018
CASE NO.:
18-001
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant:
Kevin Bond (18-001)
Appellant:
Karen Redgers (18-002)
Appellant:
Coalition on the Niagara Escarpment (18-003)
Applicant:
Pam Jackson and Josh Phillips
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a 2 storey secondary dwelling, a detached garage, a deck, and driveway on an existing parcel and an accessway from the adjacent lot
Reference No.:
P/R/2016-2017/442
Property Address/Description:
Part Lot 14 RP, Concession 3 EHS
Municipality:
Town of Caledon
Upper Tier:
Regional Municipality of Peel
NEHO Case No.:
18-001
NEHO Case Name:
Bond v. Ontario (Niagara Escarpment Commission)
Heard:
May 28 and June 18, 2018 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative+
Karen Redgers and Kevin Bond
Karen Redgers+
Coalition on the Niagara Escarpment
Ramani Nadarajah and Jessica Karban (student)
Pam Jackson and Josh Phillips
Edwin Upenieks and Heather Picken
Niagara Escarpment Commission
Lisa Grbinicek+
ORDER DELIVERED BY MARCIA VALIANTE
REASONS
1On March 2, 2017, Pam Jackson and Josh Phillips (“Applicants”) filed a Development Permit Application with the Niagara Escarpment Commission (“NEC”) to allow them to construct a two-storey dwelling, detached garage, deck and driveway (“proposed development”) on an existing lot at 18178 Horseshoe Hill Road, in the Town of Caledon (“Site”). The Site is designated Escarpment Natural Area and Escarpment Rural Area in the Niagara Escarpment Plan (“NEP”); however, the proposed development would be constructed entirely within the Escarpment Rural Area designation. The Site currently supports a single dwelling and several accessory buildings within a farm cluster; the proposed development would add a second single dwelling.
2The NEC Staff Report, prepared by Lisa Grbinicek, recommended refusal but, on January 24, 2018, the NEC conditionally approved the proposed development. On February 2, 2018, Karen Redgers and Kevin Bond filed appeals of the NEC decision with the Niagara Escarpment Hearing Office pursuant to s. 25(5.1) of the Niagara Escarpment Planning and Development Act (“NEPDA”) and, on February 6, 2018, the Coalition on the Niagara Escarpment (“CONE”) did likewise.
3The Hearing Officer held a PHC in the appeals on April 30, 2018. At that time, the Hearing Officer agreed to continue the PHC at a telephone conference call (“TCC”) to be held May 28, 2018, to allow time for discussions among the parties toward resolution of the issues, but also scheduled the hearing. These procedural directions were confirmed in an Order issued on May 23, 2018 (see: Bond v. Niagara Escarpment Commission, [2018] O.E.R.T.D. No. 31 (“May 23 Order”)).
4At the TCC on May 28, 2018, counsel for the parties reported that they had had some discussions but were unable to resolve their differences, so that the hearing would go ahead on September 11, 2018. Ms. Grbinicek clarified that the NEC would not participate in the hearing but that she expected to be called as a witness under summons. Ramani Nadarajah, counsel for CONE, confirmed that she would be requesting a summons.
5A further TCC was held on June 18, 2018, at the request of Edwin Upenieks, counsel for the Applicants. He advised the Hearing Officer that the Applicants expected to soon apply to the NEC for an amendment to the NEP and requested that the hearing be adjourned pending the outcome of that application. He also requested that a TCC be held within a month or so to update the Hearing Officer on the status of the application. Ms. Redgers, on behalf of herself and Mr. Bond, agreed to the adjournment of the hearing. Ms. Nadarajah stated that CONE would not support an amendment to the NEP but took no position on the adjournment request.
6The Hearing Officer orally agreed to Mr. Upenieks’ request to adjourn the proceeding to a TCC and scheduled the TCC for September 11, 2018, which would have been the first day of the hearing. This provides an appropriate period in which the Applicants can confer with the NEC about the process, decide whether to apply for an amendment, prepare and submit their application. The notices of appeal allege that the addition of a second single dwelling is expressly prohibited by the NEP. Thus, the purpose of adjourning to seek an amendment to the NEP relates to a central issue in this proceeding and the outcome of the application for an amendment could make a material difference to this proceeding. No party objects to the adjournment. The Hearing Officer finds that the adjournment is appropriate, fair and an efficient use of resources in the circumstances.
ORDER
7The Hearing Officer orders that:
a. The hearing, scheduled to commence on September 11, 2018, is cancelled;
b. The dates set out in the May 23 Order for disclosure of documents and service and filing of witness statements are vacated; and
c. The proceeding is adjourned to a TCC to be held at 10 a.m. on September 11, 2018.
Hearing Cancelled
Request for Adjournment Granted
Procedural Directions Ordered
“Marcia Valiante”
MARCIA VALIANTE
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