Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE:
November 06, 2020
CASE NO.:
20-026
PROCEEDING COMMENCED UNDER section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Ron Chyczij
Applicant:
Ivanka Bien-Melo
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a 2-storey single dwelling with partial rear walk-out, attached garage, decking, sewage disposal system and driveway
Reference No.:
P/R/2018-2019/408
Property Address/Description:
Part lot 28, Concession 5 WHS
Municipality:
Town of Caledon
Upper Tier:
Regional Municipality of Peel
NEHO Case No.:
20-026
NEHO Case Name:
Chyczij v. Ontario (Niagara Escarpment Commission)
APPEARANCES:
Parties
Counsel*/Representative
Ron Chyczij
Self-represented
Ivanka and Jeff Bien-Melo
Self-represented
Niagara Escarpment Commission
Ken Hare*
HEARD:
October 30, 2020 by video hearing
ADJUDICATOR(S):
Laurie Bruce, Hearing Officer
Warren Morris, Hearing Officer
ORDER
BACKGROUND
1Ivanka Bien-Melo (“Applicant”) applied to the Niagara Escarpment Commission (“Commission”) for a Development Permit to construct a two-storey single dwelling with partial rear walk-out, attached garage and decking, a sewage disposal system and a driveway on a 0.17-hectare parcel located at 47 Baturyn Street within the Poltawa Country Club property. The Commission approved the Development Permit Application subject to conditions.
2Ron Chyczij, a neighbour of Ms. Bien-Melo, appealed the Development Permit to the Niagara Escarpment Hearing Office (“NEHO") citing 19 issues as set out in a Preliminary Issues List included in this Order as Appendix 1.
3This order is the result of a pre-hearing conference (“PHC”) held before NEHO on October 30, 2020 for the purpose of refining the Mr. Chyczij’s Preliminary Issues List.
4The NEHO Hearing Officers heard submissions on the nature of the appeal and the relevance of the issues identified by Mr. Chyczij to the matter that is before it.
5Based on the submissions heard, the Hearing Officers concluded that the NEHO lacks jurisdiction to adjudicate issues 1, 2, 3, 7 and 19 on Mr. Chyczij’s Preliminary Issues List.
6Issues 1, 2 and 19 raised by Mr. Chyczij focused on site plan review processes. It was his submissions that the process should be consistent with what is provided to the rest of Terra Cotta from the Town of Caledon. Further, he submitted that there should be standards related to dwelling height, size and setback.
7Mr. Hare stated, on behalf of the Commission, that there is no ability for the NEHO to rule that the Commission should have different standards and different internal processes as stated by Mr. Chyczij. Mr. Hare took issue with Mr. Chyczij’s objection that the “[Commission] has acted contrary to the decision of the Coordinated Review”. Mr. Hare submitted stating the Coordinated Review of the Niagara Escarpment Plan resulted in recommendations, not a decision. Further, this was not a matter that the NEHO could adjudicate. The Hearing Officers agree that Issues 1, 2 and 19 are not matters that can be adjudicated by the NEHO as part of a Development Permit appeal.
8Issue 3 on Mr. Chyczij’s Preliminary Issues List relate to his concern with the notification process provided by the Commission. Mr. Hare confirmed that notification process adhered to the requirements. Mr. Chyczij expressed opinions on ways this could be improved, however, this is not a matter correctly before the NEHO.
9Issue 7 on Mr. Chyczij’s Preliminary Issue List relate to his opinion that the Commission should establish and engage in inspection practices to ensure compliance with approvals. Mr. Hare stated that the conditions set out in the Development Permit are intended to bind the Applicant and that what Mr. Chyczij is asking for are conditions to bind the Commission. The Hearing Officers find that NEHO has no jurisdiction to deal with internal workings of the Commission.
10The parties and the Hearing Officers collectively reviewed Issues 8-18. These issues generally reflect wording from the Niagara Escarpment Plan but lack detail in terms of how the objectives and criteria therein were not adequately addressed as alleged by Mr. Chyczij. The Hearing Officers concluded that Issues 8-18 require further refinement. Mr. Chyczij stated that without access to the Commission’s staff report or other technical reports, he was not able to be more specific. He indicated he intended to retain a consultant to review the documents and to serve as a witness at the merits hearing.
11To assist with the continued refinement of the Issues List, the Hearing Officers direct that disclosure among the parties of relevant documents is required by November 13, 2020. Based on that information, Mr. Chyczij is directed to review his Issues List and provide more specificity on Issues 8-18 to the parties and NEHO by November 27, 2020. In addition, Mr. Chyczij is directed to confirm to the parties and NEHO that he has retained a consultant(s) who will undertake a technical assessment of the issues that he has raised. A third PHC is scheduled by video hearing for 10 a.m. on December 2,2020. At that PHC, dates will be set for the exchange of the list of witnesses, witness statements and documents to be relied upon at the merits hearing. In addition, a date will be set for the merits hearing.
ORDER
12The Hearing Officers orders that a third PHC is set for Wednesday, December 2, 2020 at 10 a.m. This will be carried out by video hearing, details of which will be provided by the Tribunal’s Case Coordinator.
13The Hearing Officers will not adjudicate issues 1, 2, 3, 7 and 19 as set out in Appendix 1.
14Further, the Hearing Officers order that by Friday, November 27, 2020 Mr. Chyczij provide a refined Issues List and confirmation that he has retained consultant(s) that will undertake a technical assessment of some or all of the issues that remain on the Issues List.
Procedural Directions Ordered
Pre-Hearing Continuation Scheduled
“Laurie Bruce”
LAURIE BRUCE
HEARING OFFICER
“Warren Morris”
WARREN MORRIS
HEARING OFFICER
Appendix 1 – Preliminary Issues List
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