Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 06, 2022
CASE NO(S).: OLT-21-002849
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: David Nicholson
Appellant: Pelham Advocates for Trees and Habitat
Appellant: Uwe Brand
Appellant: Wally Braun
Appellant: Graham and Edie Pett
Applicant: Nature Conservancy of Canada
Subject: Approval of a Development Permit Application
Description: To undertake restoration of two anthropogenic ponds at the 24.5 ha (60.5 ac) Lathrop Nature Preserve
Reference Number.: N/F/2021-2022/230
Property Address: 1590 Pelham Street
Municipality/UT: Pelham/Niagara
OLT Case No.: OLT-22-002849
OLT Lead Case No.: OLT-22-002849
OLT Case Name: Brand v. Ontario (NEC)
Heard: July 6, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Edie and Graham Pett
Self-represented
David Nicholson
Self-represented
Pelham Advocates for Trees and Habitat
Mike Jones
Uwe Brand
Self-represented
Wally Braun
Self-represented
Nature Conservancy of Canada
Matthew Page*
Niagara Escarpment Commission
Cheryl Tansony
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JULY 6, 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 appeals brought by Edie and Graham Pett, David Nicholson, Uwe Brand, Wally Braun, and the Pelham Advocates for Trees and Habitat (together “Appellants”) regarding the approval by the Niagara Escarpment Commission of a development permit for work to be completed on the property located at 1590 Pelham Street, in the Town of Pelham. The Nature Conservancy of Canada is the development permit applicant.
2Prior to the CMC, the Hearing Office received correspondence from Uwe Brand on June 30, 2022 withdrawing his appeal, which the Hearing Office accepts.
3At the CMC, the Parties discussed the identification of issues to be adjudicated, opportunities for settlement discussions, and the preparation of a draft Procedural Order and Issues List.
Identification of Issues
4The Parties discussed the identification of the issues to be adjudicated at a hearing. The Parties agreed to consult and to file a draft Procedural Order and Issues List. Subsequent to the CMC, on July 13, 2022, the Tribunal received a draft Issues List from the Parties.
Opportunities for Settlement Discussions
5The Parties agreed to engage in settlement discussions, which the Hearing Office encouraged.
Scheduling of a further CMC
6The Hearing Office directed that a further CMC will be held in September 2022 at which a draft Procedural Order and the Issues List will be finalized, the number and types of witnesses will be determined, and hearing dates will be set.
ORDER
7The Hearing Office orders that a further CMC will be held by video hearing on Tuesday, September 13, 2022 commencing at 10 a.m.
8Parties 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/344779885
Access Code: 344-779-885
9Parties 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.
10Persons 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.
11Individuals 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.
12There will be no further notice.
13This Hearing Officer is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS 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.