Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 08, 2022
CASE NO(S).: OLT-21-001642
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: Joel Beecroft (File No. 001825)
Appellant: Rebekah Beecroft (File No. 001826)
Applicant: Frank Cristan
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct a new accessory structure (storage)
Reference No.: W/R/2021-2022/201
Property Address/Description: 694 Parkside Drive
Municipality: City of Hamilton
OLT Case No.: OLT-21-001642
OLT Case Name: Beecroft v. Ontario (Niagara Escarpment Commission)
Heard: January 31, 2022 by Telephone Conference Call
APPEARANCES:
| Parties | Representative |
|---|---|
| Frank Cristan | Self-represented |
| Joel and Rebekah Beecroft | Self-represented |
| Niagara Escarpment Commission | Andrej Obradovic |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JANUARY 31, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in respect of an appeal brought by Joel and Rebekah Beecroft against a decision of the Niagara Escarpment Commission (“NEC”) to conditionally approve a development permit application in relation to the property at 694 Parkside Drive in the City of Hamilton.
2Frank Cristan (“Applicant”) owns the subject property, which is designated Escarpment Natural Area, Escarpment Protection Area and Escarpment Rural Area, in the Niagara Escarpment Plan (“NEP”). He applied to the NEC for a development permit in order to facilitate the construction of a new + 166.4 square metre accessory structure (storage) with a maximum height of + 6.96 metres on a 3.42 hectare lot.
3The NEC approved the application, subject to a list of conditions, including a requirement that the proposed accessory structure be used for a workshop/storage only and not for human habitation (i.e. living space), as a dwelling or apartment unit, or for commercial, institutional, home business, industrial or livestock purposes.
4The Appellants own a neighbouring property and are concerned that the proposed location and height of the accessory structure will have negative impacts thereon, including potential for loss of privacy, increased noise and traffic as well as a loss of mature trees. In addition, they are concerned that the accessory structure may be used for purposes other than for a workshop/storage.
5The Tribunal received no other requests for party or participant status.
STATUS UPDATE
6The parties indicated that, in advance of the CMC, they had begun to engage in discussions aimed at resolving the appeal. They expressed optimism that, if given further time to explore and discuss alternative locations for the proposed structure, they would be able to avoid the need for a contested hearing on the merits.
7On consent, the parties agreed to hold a meeting at the subject property on February 8, 2022, to discuss the possibility of an alternative location for the accessory structure. If necessary, the Applicant will submit a revised application to the NEC.
8The parties further agreed to provide a status report to the Tribunal on or before Friday, April 29, 2022, to advise whether a settlement has been reached or whether this matter will proceed to a hearing on the merits. Once the status report is received, the Tribunal will take such action and make such directions as it considers appropriate.
ORDER
9The Tribunal orders that the parties provide a status update to the Tribunal no later than Friday, April 29, 2022.
10This Hearing Officer is not seized.
11No further notice is required.
“S. Braun”
S. Braun
HEARING OFFICER
Ontario Land Tribunal
Website: 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.