Niagara Escarpment Hearing Office

Bureau des audiences sur l’escarpement du Niagara

ISSUE DATE: November 29, 2019

CASE NO.: 19-007

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

Appellant: Cheryl Headon

Applicants: Highlands Nordic and Highlands Trailblazers

Respondent: Niagara Escarpment Commission

Subject of appeal: Approval of a Development Permit Application to establish a rifle range and stadium on the Highlands Nordic cross country ski property

Reference No.: S/L/2018-2019/9159

Property Address/Description: Part Lot 23, Concession 11

Municipality: Township of Clearview

Upper Tier: County of Simcoe

NEHO Case No.: 19-007

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

Heard: November 26, 2019 in Stayner, Ontario

APPEARANCES:

Parties	Counsel/Representative
Highlands Nordic and Highlands Trailblazers	Matt Hodgson
Niagara Escarpment Commission	Judy Rhodes-Munk
Wendy Adams	David Bronskill

ORDER DELIVERED BY HELEN JACKSON

BACKGROUND

1This Order sets out the Hearing Officer’s directions regarding an appeal by Cheryl Headon (“Appellant”) from the decision of the Niagara Escarpment Commission (“NEC”) to conditionally approve a development permit application filed by Highlands Nordic and Highlands Trailblazers (“Applicants”) for the establishment of a rifle range and stadium on the 42 hectare Highlands Nordic cross country ski property located at Part Lot 23, Concession 11, Township of Clearview, County of Simcoe (“Subject Property”).

2The NEC issued notice of its decision to conditionally approve the development permit on January 28, 2019. The Appellant filed this appeal with the Niagara Escarpment Hearing Office (“NEHO”) on February 5, 2019, pursuant to s. 25(8) of the Niagara Escarpment Planning and Development Act (“NEPDA”).

3A two-day hearing in this appeal was scheduled to start on November 26, 2019. Before the start of the hearing, the Hearing Officer addressed preliminary matters raised by the parties in attendance and determined it appropriate to adjourn the hearing peremptorily to January 9, 2020.

Peremptory Adjournment

4By way of email received by the NEHO on Friday, November 22, 2019, immediately before the start of the hearing scheduled for Tuesday, November 26, 2019, the Appellant, Ms. Headon, advised that due to serious illness in her family she was unable to respond to filing deadlines for her appeal, and she did not attend the scheduled date for the hearing.

5Following submissions by Matt Hodgson representing the Applicants and David Bronskill representing Wendy Adams, these parties indicated their agreement that it was appropriate for the hearing to be adjourned to allow Ms. Headon the opportunity to attend given her prior notice of her circumstances. The parties agreed that no additional filings for the hearing would be permitted; however, Ms. Headon retains her rights and obligations as an Appellant.

6In his submissions, Mr. Bronskill indicated that Ms. Adams has been involved with this application since it was first proposed and has various concerns including about noise and safety. He indicated that there had been an issue with Ms. Adams receiving notice of the NEC decision. Without notice, Ms. Adams was unable to appeal the NEC’s decision. At the first pre-hearing conference, held on May 8, 2019, Ms. Adams was granted party status in order to participate in this matter.

7Mr. Bronskill indicated that with the adjournment of the hearing to January 9, 2020, Ms. Adams would not contest the issue of lack of notice of the NEC’s decision, and was satisfied that the hearing on the merits of the application could be completed in one day. Mr. Bronskill committed to working with the other parties to prepare a Hearing Work Plan to ensure this schedule can be met.

Conditional Withdrawal

8Jerry Sampson, who owns property directly behind the Subject Property, was added as a party at the second pre-hearing conference held on July 15, 2019. By email dated November 19, 2019 to the NEHO copied to the other parties, Mr. Sampson indicated that he was withdrawing his appeal on the condition that the Applicant agree to several undertakings.

9By email dated November 28, 2019 to the NEHO copied to the other parties, Mr. Sampson indicated in a response to an email from counsel for the Applicant that he has an ongoing concern about the direction of the rifle range.

10The Hearing Officer has no jurisdiction to impose Conditions without the benefit of evidence presented at a hearing. In the circumstances, Mr. Sampson maintains his party status.

Findings

11The Hearing Officer finds that, based on the preliminary matters, it is appropriate that the hearing be adjourned peremptorily to January 9, 2020. This provides the Appellant notice to arrange her affairs in order to attend the hearing. Otherwise, pursuant to s. 25(10.2) of the NEPDA, the NEC’s decision to issue the development permit will be confirmed if the Appellant fails to attend the hearing.

12No further notice will be given.

ORDER

13The NEHO orders that the hearing is adjourned peremptorily to Thursday, January 9, 2020 for a one-day hearing starting at 10 a.m. at:

Council Chambers Administration Bldg., Township of Clearview 217 Gideon Street Stayner, ON

Procedural Directions Ordered

Hearing Adjourned

Hearing Date Scheduled

“Helen Jackson”

HELEN JACKSON 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 Tribunals Ontario - Environment and Land Division Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248