Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 09, 2022
CASE NO(S).: OLT-21-001808
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: Catherine Beattie
Applicant: Jason Whitworth
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct a one-storey accessory structure (detached garage) on a residential lot
Reference No.: W/R/2021-2022/401
Property Address/Description: 893 Lower Lions Club Road
Municipality: (Former) Town of Ancaster
Upper Tier: City of Hamilton
OLT Case No.: OLT-21-001808
OLT Case Name: Beattie v. Ontario (Niagara Escarpment Commission)
Heard: March 30, 2022 by Telephone Conference Call
APPEARANCES:
| Parties | Representative |
|---|---|
| Catherine Beattie | Self-represented |
| Mario Paron | Jason Whitworth, David Hacking, Steve Pongracz |
| Niagara Escarpment Commission | Andrej Obradovic |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. CAMPBELL AND WARREN MORRIS ON MARCH 30, 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 (“Hearing Office”)) regarding the appeal brought by Catherine Beattie (the “Appellant”) regarding the approval by the Niagara Escarpment Commission (“NEC”) of a development permit application for a one storey accessory structure located at 893 Lower Lions Club Road, Part Lot 49, Concession 9, Hamilton, Ontario.
2At the CMC, Mario Paron 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.
3Jason Whitworth is the Applicant for the development permit, on behalf of Mario Paron, who is the owner of the applicable lands. The request of Mario Paron for Party status was on consent. The Hearing Office found that Mario Paron 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 Mario Paron as a Party and granted him Party status, as requested.
4The Parties discussed the identification of the issues to be adjudicated at a hearing. The Appellant had identified five (5) grounds for appeal as set forth in her Appeal Form (A1). No draft Procedural Order or Issues List had been submitted in advance of the CMC.
5The Parties indicated that they were open to settlement discussions, in particular with respect to the Final Vegetation Protection Plan, which is required to be approved by the NEC as a condition of the development. The Parties indicated that they would require a period of six to eight weeks in order to have sufficient time to generate and collectively review the Final Vegetation Protection Plan. Accordingly, the Parties requested that a further CMC be scheduled for mid-June, 2022, with a view to allow sufficient time for the Parties to settle the appeal and avoid the need for a hearing.
6In the absence of being able to settle the matter, the Parties agreed to work together to narrow and refine the issues and to submit a draft Procedural Order and Issues List prior to the further CMC.
7The Hearing Office directed that a further CMC will be held on Wednesday, June 22, 2022. In the event that the Parties are unable to achieve a settlement, in advance of such date, as a result of which the appeal is withdrawn and the further CMC can be cancelled, then at such further CMC, the Parties shall confirm either:
(i) that a settlement has been achieved, as a consequence of which the Parties seek to have the further CMC converted into a settlement hearing; or,
(ii) the Parties have failed to reach a settlement and a hearing will be required. In this event, the Hearing Office orders that a draft Procedural Order and Issues List be filed with the Hearing Office at least one day prior to the next CMC.
ORDER
8The Hearing Office orders that Mario Paron is a Party in this proceeding.
9The Hearing Office orders that a CMC will be held by video hearing on Wednesday, June 22, 2022, commencing at 10 a.m.
10Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their audio and video connections:
https://meet.goto.com/709076365
Access Code: 709-076-365
11Parties 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.
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1 (647) 497-9373 or (Toll Free) 1 (888) 299-1889. The access code is 709-076-365.
13Individuals 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.
14There will be no further notice.
15These 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.