Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 21, 2021
CASE NO(S).:
OLT21-001262
PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant:
Sartorio (Sarto) Provenzano
Respondent:
Central Lake Ontario Conservation Authority
Subject:
Appeal of refusal to grant permission for development
Property Address/Description:
46 West Beach Road, Bowmanville
Municipality:
Municipality of Clarington
OLT Case No.:
OLT 21-001262
OLT Case Name:
Provenzano v. Central Lake Ontario Conservation Authority
Heard:
December 10, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Sartorio (Sarto) Provenzano
Conner Harris
Central Lake Ontario Conservation Authority
Kenneth Jull
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON December 10, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal is an appeal by Sarto Provenzano, pursuant to s. 28(15) of the Conservation Authorities Act, against the decision of Central Lake Ontario Conservation Authority (“CLOCA”) to refuse his application for development on his property.
2The municipal address of Mr. Provenzano’s property (“the subject property”) is 46 West Beach Road, in the Municipality of Clarington.
Background
3The subject property is located along the north shore of Lake Ontario, approximately 250 metres west of the entrance to the Bowmanville Harbour, in Clarington, and is in an area regulated by CLOCA.
4The property was purchased in 2019, and at the time of the purchase, it was the subject of a competing offer by the Municipality of Clarington as part of its Land Acquisition Strategy.
5Mr. Provenzano intends to renovate the property to live in as his new home. To that intent, he submitted an application to CLOCA for a development permit pursuant to s. 28(1)(c) of the Conservation Authorities Act.
6The application for a development permit was denied, which is the subject of this Appeal.
Opportunities for Settlement Discussions
7The Parties attended a pre-mediation session with the Tribunal’s mediator, Lyn Townsend earlier in the morning in advance of this CMC.
8The Tribunal was informed by the Parties that Ms. Townsend agreed that this was an appropriate case for Tribunal-led mediation and a target date of February 21, 2022 has been established for the Parties to report back on the progress of their discussions.
9Both Messrs. Jull and Harris advised the Tribunal that they were engaged in profitable discussions and were hopeful of a settlement.
Finalization of a Procedural Order
10Given that this case is currently in the mediation process, it was agreed that a procedural order was premature.
The Hearing
11The Parties suggested that, if a settlement is not resolved through mediation, out of an abundance of precaution, a four-day hearing would be required.
12The Hearing is scheduled to proceed by video hearing on Tuesday, April 19, 2022 at 10 a.m. for a total of four (4) days.
13Statutory Parties and any witnesses providing evidence at the Hearing are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
14Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
16Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the video hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
17The Hearing is scheduled to proceed by video hearing on Tuesday, April 19, 2022 at 10 a.m. for four (4) days.
18Should a settlement be reached through mediation, the Case Coordinator should be advised in advance of the Hearing.
19The Member is not seized and is available for case management, schedule permitting.
“T. Prevedel”
t. prevedel
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.