Niagara Escarpment Hearing Office
Bureau des audiences sur l’escarpement du Niagara
ISSUE DATE:
February 23, 2021
CASE NO.:
20-034
PROCEEDING COMMENCED UNDER subsections 25(5.1) and 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Nancy Griffith
Applicant:
Daniel Capaz
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a single dwelling, carport, driveway, grading, septic and well on a vacant lot
Reference No.:
P/R/2019-2020/329
Property Address/Description:
Lot 8, Plan 905, 9 Glenn Court
Municipality:
Town of Caledon
Upper Tier:
Region of Peel
NEHO Case No.:
20-034
NEHO Case Name:
Griffith v. Ontario (Niagara Escarpment Commission)
APPEARANCES:
Parties
Representative
Daniel Capaz
Matthew Fratarcangeli
Nancy Griffith
Self-represented
Niagara Escarpment Commission
Brandon Henderson
HEARD:
January 19, 2021 by telephone conference call
ADJUDICATOR(S):
Laurie Bruce, Hearing Officer
REPORT
REASONS
Background
1Daniel Capaz (the “Applicant”) submitted a development permit application to the Niagara Escarpment Commission (“NEC”) for a two-storey single dwelling. The undeveloped lot is municipally known as 9 Glenn Court and is located in the Town of Caledon in the Regional Municipality of Peel (“subject property”). The subject property is part of a rural plan of subdivision that pre-dates the Niagara Escarpment Plan (the “Plan”).
2The subject property is located within an Escarpment Protection Area.
3The Applicant’s original application was for a two-storey 723 square metres (“sq. m”) single dwelling with an attached garage. Following the January 13, 2020 submission of the application, on April 7, 2020, the applicant advised the NEC that the dwelling would be reduced in size. The revised proposal is for a two-storey 543 sq. m single dwelling with an attached garage. The original and revised proposal also includes the construction of a 30 sq. m detached carport, a well, and a private sewage treatment system.
4Due to an administrative error, the NEC reviewed and approved, with conditions, the original site plan for the larger dwelling (i.e. 723 sq. m) despite the revised site plan. The October 15, 2020 Notice of Decision referenced approval of the 723 sq. m single dwelling.
Appeals
5Appeals were received from neighbours Nancy Griffith and John Martyniuk under s. 25(8) of the Niagara Escarpment Planning and Development Act (“NEPDA”). Both appellants were originally concerned with the size of the single-family home as referenced in the NEC’s Notice of Decision. Upon hearing that the size of the house had been reduced, Mr. Martyniuk withdrew his appeal.
6On the January 19, 2021 telephone conference call (“TCC”), Ms. Griffith stated she was concerned that there was an existing approval for the larger dwelling since she had not been given any notice that this approval had changed.
7Ms. Griffith was advised by Mr. Fratarcangeli that the intent was to build the smaller dwelling, despite the NEC’s issuance of a conditional approval for a larger dwelling.
8The Hearing Officer confirmed that although the intent was for the smaller dwelling, that approval was in place for the larger (723 sq. m.) dwelling.
9Following discussions on the TCC, the parties agreed that changes to the development permit conditions which would limit the size of the proposed dwelling would be an acceptable approach that would allow Ms. Griffith to withdraw her appeal.
Relevant Legislation and Rules
10The relevant legislation and rules of the Environmental Review Tribunal’s Rules of Practice (“Rules”), which apply to appeals under the NEPDA in this situation, are:
25(12.1) The decision of the delegate shall be deemed to be confirmed if,
(a) the decision of the delegate was a decision to issue a development permit;
(b) the parties who appeared at the hearing have agreed on all the terms and conditions that should be included in the development permit and all of these terms and conditions are set out in the report of the officer under subsection (11); and
(c) the opinion of the officer expressed in his or her report under subsection (11) is that, if the decision of the delegate included the terms and conditions referred to in clause (b), the decision would be correct and should not be changed.
Same
(12.2) If subsection (12.1) applies, the decision of the delegate shall be deemed to be a decision to issue the development permit with the terms and conditions referred to in clause (12.1) (b).
Rules
- Where the Parties agree to all the terms and conditions that should be included in a revised development permit, the Tribunal may confirm the decision of the Niagara Escarpment Commission pursuant to section 25(12.1) of the Niagara Escarpment Planning and Development Act and shall include the terms and conditions in its report.
11In order to correct the error and ensure that the Development Permit is for the correctly sized dwelling, the Hearing Officer advised the parties that on consent, a report confirming the Commission’s decision with the new terms (i.e. the size of the dwelling) would be needed. All parties agreed that modified conditions incorporating the revised site plan dated October 17, 2020 would be appropriate.
Evidence and Findings
12The Hearing Officer heard submissions of the parties. Brandon Henderson, the NEC planner, stated that the staff report supported the larger dwelling and that a smaller dwelling on the same footprint would continue to be appropriate subject to the conditions listed in the conditional approval.
13The proposed dwelling is a permitted use and satisfies the development criteria set out in Parts 2.2 (General), Part 2.7 (Natural Heritage), 2.8 (Agriculture) and 2.13 (Scenic Resources). The smaller dwelling remains in conformity with the Local and Regional Official Plans and is consistent with the Provincial Policy Statement. Therefore, the Hearing Officer accepts that if the Conditional Approval is amended as proposed by the parties, with a modification to Condition 1 which explicitly references the October 17, 2020 site plan, the decision would be correct and should not be changed.
DECISION
14The NEC's decision to conditionally approve the Applicant’s development permit application P/R/2019-2020/329, with the modification of Condition 1 to reference the Site Plan dated October 17, 2020 as set out in Appendix 1, is confirmed pursuant to s. 25(12.1) of the Niagara Escarpment Planning and Development Act.
NEC Decision Confirmed with Revised Condition
Appeal Dismissed
“Laurie Bruce”
LAURIE BRUCE
HEARING OFFICER
Appendix 1 – Development Approval with Revised Condition
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