Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 25, 2022
CASE NO(S).: OLT-22-002422
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: Alan Wearing
Appellant: Donna Wearing
Appellant: Ian Osler
Applicant: Nottawasaga Valley Conservation Authority
Subject: Approval of a Development Permit Application
Description: Proposal to construct a gravel parking lot
Reference Number: S/L/2020-2021/740
Property Address: 8861 15/16 Sideroad
Municipality/UT: Clearview/Simcoe
OLT Case No.: OLT-22-002422
OLT Lead Case No.: OLT-22-002422
OLT Case Name: Osler v. Ontario (NEC)
Heard: July 27, 2022 by Video Hearing
APPEARANCES:
Parties
Representative
Nottawasaga Valley
Byron Wesson
Conservation Authority
Kyra Howes
Niagara Escarpment
Kim Peters
Commission
Sandy Dobbyn
Janet Sperling
Gabriel Kim (summer student)
DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL
1This Decision arises from a hearing (the “Hearing”) before the Ontario Land Tribunal (the “Tribunal”) regarding an appeal by Alan Wearing, Donna Wearing and Ian Osler (the “Appellants”) concerning the conditional approval by the Niagara Escarpment Commission (the “Respondent”) of a Development Permit Application by the Nottawasaga Valley Conservation Authority (the “Applicant”) to construct a gravel parking lot, kiosk and vault washroom within the Nottawasaga Bluffs Conservation Area located at 8861 15/16 Sideroad, Township of Clearview.
2Prior to the Hearing, Alan Wearing and Donna Wearing advised the Tribunal by email on July 15, 2022, that they would be withdrawing their appeals, resulting in Mr. Osler being the sole remaining Appellant.
3Mr. Osler was not in attendance at the Hearing, and did not respond to a follow-up email and telephone call from the Tribunal on the morning of the Hearing. The Applicant had no opposition to the withdrawal of the appeal by any of the Appellants.
Termination of Proceedings
4Pursuant to s. 25(8.1)(c) of the Niagara Escarpment Planning and Development Act (the “Act”), the Tribunal may refuse to continue a hearing if the persons who have appealed the decision have not responded to a request for further information by the Tribunal within the time period specified.
5On July 27, 2022, the Tribunal provided notice to Mr. Osler pursuant to s. 25(8.1)(c) of the Act, that the proceedings would be discontinued if he did not indicate his willingness to proceed as an appellant in the matter by 4 p.m. on Thursday, July 28, 2022. No response was received by the Tribunal from Mr. Osler by such deadline.
6Based on the foregoing, the Tribunal orders that these proceedings be discontinued.
ORDER
7The Tribunal orders that the proceedings be discontinued pursuant to s. 25(8.1)(c) of the Niagara Escarpment Planning and Development Act.
8There will be no further notice.
“Jennifer Campbell”
JENNIFER CAMPBELL
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.