Ontario Land Tribunal / Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: April 27, 2023
CASE NO(S).: OLT-22-004875
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N. 2, as amended
Appellants: Glenn Alford and Donna Barclay
Applicants: Richard and Virginia McDole
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to recognize the construction of a one-storey agricultural building on an existing lot that supports a single dwelling and accessory facilities
Reference No.: H/A/2021-2022/351
Property Address: 8241 Twiss Road
Municipality/UT: Town of Milton, Region of Halton
OLT Case No.: OLT-22-004875
OLT Lead Case No.: OLT-22-004875
OLT Case Name: Alford and Barclay v. Ontario (Niagara Escarpment Commission)
Heard: March 27, 2023 by Telephone Conference Call ("TCC")
APPEARANCES:
| Parties | Representative |
|---|---|
| Glenn Alford and Donna Barclay | Self Represented |
| Richard and Virginia McDole | Self Represented |
| Niagara Escarpment Commission ("NEC") | Joseph Muller and Ginny Hang |
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON MARCH 27, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal Member constitutes as a Hearing Officer and the Tribunal functions as the Niagara Escarpment Hearings Office ("NEHO") for appeals under the Niagara Escarpment Planning and Development Act ("NEPDA").
2This Decision arises from a Case Management Conference ("CMC") brought before the NEHO regarding the appeal brought by Glenn Alford and Donna Barclay of a decision of the NEC dated November 16, 2022, conditionally approving an application for a Development Permit to recognize the construction of a one-storey agricultural building (run-in shelter for two part-time horses).
3Both prior to and, at the CMC, there were no new requests for either Party or Participant status. As such, the sole Parties are the Appellant, the Applicant, and the NEC.
4No draft Procedural Order nor Issues List was filed with the Tribunal in advance of the CMC.
5At the CMC, there was discussion about the context and nature and of the structure and land use. At the request of the Tribunal, the Parties attempted to define the issues to be decided upon at a hearing. The Appellants' primary concern for this appeal is that the horses and manure are kept at the subject property and will detrimentally impact the groundwater in the vicinity. A secondary concern of the Appellants is the odour/flies associated with a compost/manure pile on the property. The Appellants were less concerned with the size and location of the structure that was already built.
6During the CMC, the Parties began a good faith effort to negotiate a settlement of the Appeal by attempting to address the Appellants' concerns. There were suggestions and options presented relating to the number of days that horses were kept on the subject property (maximum consecutive days, as well as aggregate annual maximum days) and location/alteration of the compost/manure pile. The Parties appeared on a path for settling the Appeal however all the Parties, including the NEC, believed that more time was needed in order to obtain information, advice and assistance, particularly from the NEC legal department.
7Given the likelihood of settlement of the Appeal, the Parties agreed to adjourn the CMC to allow them the opportunity to achieve settlement. The Tribunal directed that if the Parties were not able to achieve a settlement within a reasonable time, that the Parties should be prepared to have a full draft Procedural Order (including Issues List) prepared and filed prior to the next CMC. With this in mind, the Parties will attempt to achieve a settlement during the month of April. If settlement is not imminent, the Tribunal directed the Parties to switch their focus from settlement mode to hearing mode, and to commence preparing the draft procedural order in advance of the CMC.
HEARING DETAILS
8A TCC has been scheduled to proceed on Monday, June 5, 2023 at 10 a.m.
9Individual(s) are directed to call 416-212-8012 or (Toll-Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal's Case Coordinator having carriage of this case.
ORDER
10The Tribunal orders the Case Management Conference ("CMC") adjourned to a telephone conference call on Monday, June 5, 2023 at 10 a.m. If the appeal has been settled prior to the CMC, the CMC can be converted to a Settlement Hearing.
11The Tribunal orders that a final Procedural Order and Issues List be filed by the Parties with the Tribunal at least 10 days prior to the scheduled CMC.
12This Member is not seized.
13There will be no further notice.
"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.