Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
March 11, 2022
CASE NO(S).:
OLT-21-001643
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant:
Phil Dyment (File No. 001829)
Appellant:
John MacDonald (File No. 001830)
Appellant:
Mark Wallace (File No. 001831)
Appellant:
Jill Kantelberg (File No. 001832)
Applicant:
Rainbow Water Farms Inc.
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application for an on-farm diversified use, (agri-tourism and sale of value-added products) on an existing lot for planting lavender and roses, and a new shed to process the crop and host visitors and a 50-car parking area
Reference No.:
S/A/2020-2021/469
Property Address/Description:
2752 Concession 8 Nottawasaga S
Municipality:
Township of Clearview
Upper Tier:
County of Simcoe
OLT Case No.:
OLT-21-001643
OLT Case Name:
Dyment v. Ontario (Niagara Escarpment Commission)
Heard:
February 18, 2022 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
Phil Dyment
Konstantine Stavrakos*
Mark Wallace
John MacDonald
Jill Kantelberg
David Bronskill*
Niagara Escarpment Commission
Judy Rhodes-Munk
Cameron Curran
Rainbow Water Farms Inc.
Andrew Biggart*
Jim Muzyka
Memorandum of oral decision DELIVERED BY J. CAMPBELL AND WARREN MORRIS ON fEBRUARY 18, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (in its role as the Niagara Escarpment Hearing Office) regarding the appeal brought by Phil Dyment, Mark Wallace, John MacDonald and Jill Kantelberg (collectively, the “Appellants”) regarding the approval by the Niagara Escarpment Commission of a development permit application for an on-farm diversified use (agri-tourism and sale of value-added products) on an existing lot for planting lavender and roses, a new shed to process the crop and host visitors and a 50-car parking area.
2At the CMC, Rainbow Water Farms Inc. requested Party status and the Parties discussed the identification of issues to be adjudicated at a hearing, opportunities for settlement discussions and the anticipated length of the hearing.
3Rainbow Water Farms Inc. is the Applicant for the development permit. Its request for Party status was on consent. The Hearing Office found that Rainbow Water Farms Inc. has a genuine and direct interest in the proceeding, will be impacted by the Hearing Office’s decision, and will assist the Hearing Office in making its decision. The Hearing Office found that there are reasonable grounds to add Rainbow Water Farms Inc. as a Party and granted it Party status, as requested.
4The Parties discussed the identification of the issues to be adjudicated at a hearing. The Appellants had identified ten (10) grounds for appeal as set forth in the draft Procedural Order and Issues List that had been submitted in advance of the CMC. The Parties agreed to work together to narrow and refine the issues. They also generally confirmed the other elements of the draft Procedural Order, subject to determination of the dates and length of time required for the hearing. The Hearing Office directed that a final Procedural Order and Issues List be filed by the Parties by March 4, 2022. The Parties indicated that settlement discussions would not likely be productive given the issues identified.
5The Parties discussed the number and types of witnesses, and overall length of time required for a hearing. The Hearing Office directed that a hearing will be held from January 9, 2023 to January 24, 2023.
ORDER
6The Hearing Office orders that Rainbow Water Farms Inc. is a Party in this proceeding.
7The Hearing Office orders that a final Procedural Order and Issues List be filed by the Parties by March 4, 2022.
8The Hearing Office orders that a hearing will be held by video hearing from January 9, 2023 to January 24, 2023 commencing at 10 a.m.
9Parties 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://meet.goto.com/979388733
Access Code: 979-388-733
10Parties are asked to set up the video hearing 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.
11Persons 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.
12Individuals 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 hearing by video 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 Hearing Office’s Case Coordinator having carriage of this case.
13There will be no further notice.
14These Hearing Officers are not seized.
“J. Campbell”
J. campbell
HEARING OFFICER
“Warren Morris”
warren morris
HEARING OFFICER
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.