Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE: September 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: July 15, 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
Jerry Sampson
Self-represented
ORDER DELIVERED BY JUSTIN DUNCAN
Background
1This Order relates to the second 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.
3A first PHC was held by the NEHO on May 8, 2019 at which time requests for status were addressed and a second PHC was scheduled.
Additional Status Request
4The second PHC was held on July 15, 2019. During the PHC, and on consent of the parties, the Tribunal added Jerry Sampson as an additional party under Rule 62 of the Rules of Practice of the Environmental Review Tribunal, which apply to NEHO proceedings. Mr. Sampson owns a property directly to the rear of the Subject Property and has concerns relating to safety as his property is downrange of the rifle range, in addition to safety and other property-related impacts.
Scheduling
5During the PHC, the Tribunal discussed scheduling matters with the parties and it was determined that an 8-day hearing would be necessary given the number of issues and witnesses to be called. As this Hearing Officer will no longer be appointed to the Environmental Review Tribunal at the time of a hearing, the parties were directed to provide a proposed filing and hearing schedule to the NEHO following the PHC for the purpose of assigning alternate Hearing Officers to this matter and to schedule a hearing.
ORDER
6The NEHO orders that:
a. Jerry Sampson is added as a party to the appeal.
b. The parties are directed to provide a joint proposal for filing and hearing dates to the NEHO.
Request for Party Status Granted
Procedural Directions Given
“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