Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE: June 03, 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: May 8, 2019 by telephone conference call
APPEARANCES:
| Parties | Counsel/Representative+ |
|---|---|
| Cheryl Headon | Self-represented |
| Highlands Nordic and Highlands Trailblazers | Chris Skelton+ |
| Niagara Escarpment Commission | Judy Rhodes-Munk+ |
| Wendy Adams | David Bronskill |
ORDER DELIVERED BY JUSTIN DUNCAN
Background
1This Order relates to a Pre-hearing Conference (“PHC”) held in respect of 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”) to permit 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”).
2Notice of the NEC’s decision to conditionally approve the development permit was issued on January 28, 2019 and the Appellant filed this appeal with the Niagara Escarpment Hearing Office (“NEHO”) on February 5, 2019.
3The PHC was held by the NEHO on May 8, 2019.
Request for Status
4During the PHC, Wendy Adams was added as a party to the appeal under Rule 62 of the Rules of Practice of the Environmental Review Tribunal, which apply to NEHO proceedings. Ms. Adams owns a property in close proximity to the Subject Property and has concerns about the proposed development permit and the potential for contamination resulting from ammunition, water supply issues and noise impact. None of the existing parties objected to her addition as a party.
Scheduling
5After hearing from the parties about their relative interests in the development permit and timing of next steps, it was agreed that several months would be necessary for all parties to be prepared to speak to scheduling a hearing. The NEHO scheduled a second PHC to take place on Monday, July 15, 2019 at 10 a.m. by telephone conference call using 416-212-8014 or 1-866-500-5845 and code 1219634#.
ORDER
6The Tribunal orders that:
a. Wendy Adams is added as a party to the appeal.
b. A second PHC will take place on Monday, July 15, 2019 at 10 a.m.
Request for Party Status Granted
Second Pre-hearing Conference Scheduled
“Justin Duncan”
JUSTIN DUNCAN
HEARING OFFICER
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Niagara Escarpment Hearing Office 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