Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE:
July 17, 2020
CASE NO.:
19-086
20-004
20-008
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Kjeld Thomsen (File No. 19-086)
Appellant:
Lone Thomsen (File No. 19-087)
Appellant:
Susan Welsh (File No. 19-088)
Appellant:
Ken Welsh (File No. 19-089)
Applicant:
The Bruce Trail Conservancy
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a 2-storey single dwelling, a private sewage treatment system and driveway on a proposed lot to be severed from an existing lot
Reference No.:
G/R/2018-2019-9173 (PARCEL A)
Property Address/Description:
Part Lot 1, Concession 4
Municipality:
Grey Highlands (Euphrasia)
Upper Tier:
County of Grey
NEHO Case No.:
19-086
NEHO Case Name:
Thomsen v. Ontario (Niagara Escarpment Commission)
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Kjeld Thomsen (File No. 20-004)
Appellant:
Lone Thomsen (File No. 20-005)
Appellant:
Susan Welsh (File No. 20-006)
Appellant:
Ken Welsh (File No. 20-007)
Applicant:
The Bruce Trail Conservancy
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a 2-storey single dwelling, a private sewage treatment system and driveway on a proposed lot to be severed from an existing lot
Reference No.:
G/R/2018-2019-9174 (PARCEL B)
Property Address/Description:
Part Lot 1, Concession 4
Municipality:
Grey Highlands (Euphrasia)
Upper Tier:
County of Grey
NEHO Case No.:
20-004
NEHO Case Name:
Thomsen v. Ontario (Niagara Escarpment Commission)
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Kjeld Thomsen (File No. 20-008)
Appellant:
Lone Thomsen (File No. 20-009)
Appellant:
Susan Welsh (File No. 20-010)
Appellant:
Ken Welsh (File No. 20-011)
Applicant:
The Bruce Trail Conservancy
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a 2-storey single dwelling, a private sewage treatment system and driveway on a retained lot
Reference No.:
G/R/2018-2019-9175 (RETAINED PARCEL C)
Property Address/Description:
Part Lot 1, Concession 4
Municipality:
Grey Highlands (Euphrasia)
Upper Tier:
County of Grey
NEHO Case No.:
20-008
NEHO Case Name:
Thomsen v. Ontario (Niagara Escarpment Commission)
APPEARANCES:
Parties
Counsel+/Representative
Kjeld and Lone Thomsen
Paul Thomsen
Niagara Escarpment Commission
Brandon Henderson
The Bruce Trail Conservancy
Bilal Mirza+
HEARD:
July 7, 2020 by teleconference
ADJUDICATOR:
Laurie Bruce, Hearing Officer
REPORT
Overview
1In November 2018, the Bruce Trail Conservancy (“Applicant” or “BTC”) applied to the Niagara Escarpment Commission (“NEC”) for three development permits. The requested development permits allow the Applicant to sever three lots and establish three building footprints that would each accommodate a single dwelling and private sewage treatment system on each of three parcels (Parcel A, B and C). Parcel D will be retained by the BTC for conservation and trail purposes. On December 2, 2019, the NEC issued a notice of decision conditionally approving a single development permit that addressed all three applications.
2The 69.3 hectare property (“subject lands”) is designated Escarpment Rural Area and Escarpment Protection Area by the Niagara Escarpment Plan (“NEP”). The subject lands are located on Part Lot 1, Concession 4 (“subject lands”) in the Municipality of Grey Highlands (Euphrasia, County of Grey).
3Property owners, Susan Welsh, Ken Welsh and Kjeld and Lone Thomsen (the “Thomsens”) each filed appeals of the decision under s. 25(5.1) of the Niagara Escarpment Planning and Development Act (“NEPDA”). Susan and Ken Welsh subsequently withdrew their appeals and their files were closed.
4On July 6, 2020, Bilal Mirza informed the Niagara Escarpment Hearing Office (“NEHO”) that the BTC and the Thomsens had reached a settlement regarding their appeal. A settlement hearing was held by telephone conference call (“TCC”) on July 7, 2020.
5The settlement involved the slight relocation of the property boundary of Parcel A. Condition 1 of the Conditions of Approval states: “Development shall occur in accordance with the Site Plan, Development Permit Application and Conditions as approved”. The parties agreed on the modified site plan (Attachment 1 to this report), as referenced in Condition 1, that should be included in the development permit pursuant to s. 25(12.1) of the NEPDA.
6The Hearing Officer confirms that the decision of the NEC, including the modified site plan referenced in Condition 1, is correct and should not be changed.
Issue
7The issue before NEHO is whether the NEC’s decision to conditionally approve the applications for a development permit, with the revised condition as proposed by the parties, would be correct and should not be changed.
Discussion, Analysis and Findings
8Antoin Diamond, Vice President of Land Acquisition and Management for the BTC explained that the modification addresses the Appellant’s concerns about a “pinch point” as users access the Bruce Trail to the north and west of Parcel A.
9Brandon Henderson, a planner with the NEC, stated that the decision of the NEC, when including the modified Condition 1, remains correct and should not be changed.
10Mr. Henderson characterized the modification as a realignment of the western property boundary with Parcel A. He stated that the modification is a minor change and that the modified parcel is still large enough to support the dwelling and agricultural use. It was Mr. Henderson’s evidence that the minor modification continues to meet the development criteria set out in the NEP.
11The Hearing Officer finds that the conclusions set out in Mr. Henderson’s staff report that the lot creation is a permitted use, subject to satisfying the applicable Development Criteria, is not affected by the minor modification to the property boundary. The modified site plan continues to support the NEC’s conclusion that the development permit conforms to both the Municipality of Grey Highlands and County of Grey Official Plans and the Provincial Policy Statement.
12Both the BTC and Mr. Thomsen stated that they support the proposed settlement and conditions.
13Further to s. 25(12.1) of the NEPDA and Rule 206 of the Environmental Review Tribunal’s Rules and Practice, which apply to NEHO matters, the Hearing Officer finds that if the development permit is amended with the modified site plan, referenced in Condition 1, the decision would be correct and should not be changed.
14Therefore, pursuant to s. 25(12.2) of the NEPDA, the NEC’s decision shall be deemed to be a decision to issue the conditional development permit with the modified site plan referenced in Condition 1 as shown in Attachment 1 to this report.
DECISION
15The NEC's decision to conditionally approve the Applicant’s development permit, with the modified site plan as set out in Attachment 1 to this report, is deemed confirmed pursuant to s. 25(12.1) and s. 25(12.2) of the NEPDA.
Settlement Approved
NEC Decision Confirmed with Revisions
“Laurie Bruce”
LAURIE BRUCE
HEARING OFFICER
Attachment 1 – Modified Site Plan
If there is an attachment referred to in this document,
please visit www.olt.gov.on.ca to view the attachment in PDF format.
Niagara Escarpment Hearing Office
Environmental Review Tribunal
A constituent tribunal of Ontario Land Tribunals
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248