Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE: July 30, 2018
CASE NO.: 18-005
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant: James Christopher Young
Respondent: Niagara Escarpment Commission
Subject of appeal: Refusal of a Development Permit Application to construct a 2 storey single dwelling with an attached garage, deck space, pool cabana, swimming pool, patio walkway, septic treatment system and driveway expansion
Reference No.: N/R/2017-2018/026
Property Address/Description: Part Lot 7, Concession 3
Municipality: Town of Pelham
Upper Tier: Regional Municipality of Niagara
NEHO Case No.: 18-005
NEHO Case Name: Young v. Ontario (Niagara Escarpment Commission)
Heard: In writing
APPEARANCES:
| Parties | Representative |
|---|---|
| James Christopher Young | Self-represented |
DECISION DELIVERED BY MAUREEN CARTER-WHITNEY AND MARLENE CASHIN
REASONS
Background
1James Christopher Young (“Appellant”) submitted development permit application N/R/2017-2018/026 to the Niagara Escarpment Commission (“NEC”) on April 12, 2017. A revision was submitted on June 23, 2017 to remove certain development elements included in the original application. In the Notice of Decision of the NEC dated January 22, 2018, a hand-written note on the attached application indicates that a further revision was made to the application on July 10, 2017. In the revised application, the Appellant sought to construct a two-storey (with walk-out), ± 656.80 square metre (“sq m”) single dwelling with a maximum height to peak of ± 13.2 metres (“m”), a ± 122.25 sq m attached garage, a one-storey, ± 45.52 sq m pool cabana with a maximum height to peak of ± 4.27 m, and also to construct ± 189.79 sq m of deck space, a ± 187 sq m patio walkway, a swimming pool, a septic treatment system, and a driveway expansion, on a 1.5 hectare lot.
2The subject property is located at Part Lot 7, Concession 3, in the Town of Pelham, Region of Niagara. The Niagara Escarpment Plan land use designation applicable to the property is Escarpment Rural Area.
3On January 22, 2018, the NEC refused the Appellant’s application. On January 30, 2018, the Appellant appealed the decision of the NEC to refuse the application under s. 25 of the Niagara Escarpment Planning and Development Act (“NEPDA”) to the Niagara Escarpment Hearing Office (“NEHO”).
4A Pre-hearing Conference regarding the appeal was held by telephone conference call on May 2, 2018, during which the Hearing Panel granted Party status to the Town of Pelham. In addition, dates were scheduled for the exchange and filing of documents and for the Hearing (see: Young v Ontario (Niagara Escarpment Commission), 2018 ONERT 45239).
5In emails dated July 13 and 16, 2018, Mr. Young provided the NEHO with written notice of the withdrawal of his appeal in this matter.
Issue
6The issue is whether the NEC’s decision to refuse the development permit application should be deemed to be confirmed.
Relevant Rules
7The relevant provisions of the NEPDA and the Environmental Review Tribunal’s Rules of Practice (“Rules”) that apply to this proceeding are:
Niagara Escarpment Planning and Development Act
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.
Tribunal Rule
- 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.
Discussion, Analysis and Findings
8Section 25(10.2) of the NEPDA provides that the withdrawal of an appeal results in a confirmation of the NEC decision. That section is reflected in Rule 205, which applies to the NEHO. The Hearing Panel is satisfied that s. 25(10.2) of the NEPDA applies in this matter. Therefore, the NEC’s decision to refuse the development permit application is deemed to be confirmed.
DECISION
9As the appeal in this matter has been withdrawn, the NEC’s decision to refuse the application by James Christopher Young for a development permit (N/R/2017-2018/026) is deemed to be confirmed pursuant to s. 25(10.2) of the NEPDA.
10The hearing in this matter, scheduled for October 2 to 4, 2018, is cancelled.
Appeal Withdrawn
NEC Decision Confirmed
Hearing Dates Cancelled
“Maureen Carter-Whitney”
MAUREEN CARTER-WHITNEY
HEARING OFFICER
“Marlene Cashin”
MARLENE CASHIN
HEARING OFFICER
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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