Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 09, 2022
CASE NO(S).: OLT-22-002829
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: Doug Hood
Applicant: Absal Abdulhafedh and Genevieve Faucher
Description: Proposes to construct a one storey accessory structure (barn/storage building)
Reference Number.: W/R/2021-2022/632
Property Address: 376 Sydenham Road
Municipality/UT: City of Hamilton
OLT Case No.: OLT-22-002829
OLT Lead Case No.: OLT-22-002829
OLT Case Name: Hood v. Ontario (Niagara Escarpment Commission)
Heard: June 1, 2022 by video hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Doug Hood | Self-represented |
| Absal Abdulhafedh and Genevieve Faucher | Absal Abdulhafedh |
| Niagara Escarpment Commission | Andrej Obradovic |
REPORT BY WARREN MORRIS DELIVERED BY THE TRIBUNAL
1The Tribunal Member constitute as Hearing Officer and the Tribunal functions as the Niagara Escarpment Hearings Office (“NEHO”) for appeals under the Niagara Escarpment Planning and Development Act (“NEPDA”).
2The matter before the NEHO is an appeal of a Development Permit issued to construct a one storey ± 81.8 square metres (880 square feet) accessory structure (barn/storage building) with a maximum height to peak of ± 4.3 metres (14 feet), on the existing 0.4 hectares (1 acre) lot with private servicing.
3The NEC conditionally approved the Development Permit Application on January 25, 2022.
4The concerns expressed in the Appellant’s appeal was related to the fact that two structures were built without permits, and that proper engineering and planning were present. In the Appellant’s own words:
- Concerns are that not permits were taken out for these 2 buildings.
- Engineering for foundation’s of both buildings?
- No Geotechnical for rear building as it’s been constructed on 25 year old manure pile from previous owners.
- Rear building is said to be a prayer center/ cottage for family?
- Site plan for grading ,water drainage and placement of buildings location on property.
- Concrete testing as last truck was there for 5.5 hours.
- Working hours extending past 10 p.m. with neighbouring houses lit up by flood lights and excessive noise.
- Garage at front of property appears to be very close to property line?
5The scheduled event before the NEHO was a Case Management Conference (“CMC”). At the CMC, the Appellant clarified that the subject structure for this development application appeal has already been constructed. Further, that an additional structure was constructed without a development permit. Mr. Obradovic on behalf of the Niagara Escarpment Commission (“NEC”) confirmed that the conditionally approved development permit was in fact for an “as-built” structure. Although the NEC was not aware of this fact at the time of the application approval, Mr. Obradovic stated that “as-built” applications are common and do not impact the NEC’s decision-making process.
6While examining the issues for this appeal, the NEC confirmed that it does not review the engineering and structural components of the structure. When considering a development permit, the NEC is focused on the impact on the natural environment and compliance with the Niagara Escarpment Plan.
7After further discussion of the issues, the Appellant acknowledged that his concerns could not be properly addressed through continuing this appeal since his issue is not with the NEC. As such, the Appellant agreed to withdraw the appeal.
ISSUE
8The issue is whether the Hearing Office should accept the Appellant’s withdrawal of the appeal.
RELEVANT LEGISTLATION AND RULES
9The relevant legislation and rule of the Ontario Land Tribunal’s Rules of Practice and Procedure, which apply to appeals under the NEPDA in this situation, is:
25 (10.2) If the persons who appealed the decision withdraw their appeals or fail to appear at the hearing, the decision of the delegate shall be deemed confirmed.
DECISION
10The Hearing Officer accepts the Appellant withdraws the appeal.
11The Hearing Officer finds that the NEC's decision to conditionally approve the Applicant’s Development Permit Application No. W/R/2021-2022/632 pursuant to s. 25(10.2) of NEPDA, is deemed to be confirmed.
“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.