Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 03, 2023
CASE NO(S).: OLT-22-004649
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N. 2, as amended
Appellant: James and Catherine Lew
Appellant: Glynis Anna Grigoriew
Applicant: The Bruce Trail Conservancy
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to formalize/extend a parking lot for hikers using the Bruce Trail, and space for cars, including grading and the placement of gravel, within a portion of the road allowance of Centre Road
Reference Number: M/L/2021-2022/641
Property Address: Lot 5, Concession 1 Centre Road (right-of-way)
Municipality/Upper Tier: Township of Mulmur, County of Dufferin
OLT Case No.: OLT-22-004649
OLT Lead Case No.: OLT-22-004649
OLT Case Name: Grigoriew v. Ontario (Niagara Escarpment Commission)
Heard: March 10, 2023 by Telephone Conference Call
APPEARANCES:
Parties
Representative
James and Catherine Lew
Self-represented
Glynis Anna Grigoriew
Self-represented
The Bruce Trail Conservancy
Adam Brylowski
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI AND JENNIFER CAMPBELL ON MARCH 10, 2023 AND ORDER OF THE TRIBUNAL
1Tribunal Members constitute Hearing Officers and the Ontario Land Tribunal functions as the Niagara Escarpment Hearing Office (“Hearing Office”) for appeals under the Niagara Escarpment Planning and Development Act (“NEPDA”).
2This Decision arises from a Case Management Conference (“CMC”) brought before the Hearing Office, regarding the appeal brought by the Appellants of a decision of the Niagara Escarpment Commission (the “NEC” or the “Respondent”) dated August 11, 2022, granting conditional approval for a development permit (the “Development Permit”) to formalize/extend a parking lot for hikers using the Bruce Trail, with an area of ± 490 square metres (5,274 square feet) and space for ± 20 cars, including grading and the placement of gravel, within a portion of the road allowance of Centre Road.
3The Respondent did not attend the proceedings.
4At the CMC, the Bruce Trail Conservancy (the “Conservancy”) requested Party status. The Conservancy is the Applicant for the development permit and its request for Party status was on consent. The Hearing Office found that the Conservancy has a genuine and direct interest in the proceeding, will be impacted by the Hearing Office’s decision, and will assist the Hearing Office in making its decision. The Hearing Office found that there are reasonable grounds to add the Conservancy as a Party and granted it Party status, as requested.
5A draft Procedural Order was not filed prior to the CMC, and no Issues List had been prepared by the Parties. The Hearing Office explained the purpose of the CMC and, with the assistance of the Hearing Office, the Appellants reviewed the issues related to the appeal. The Appellants expressed concerns relating to the increased usership of the existing parking lot and related disturbance to their residences. After further discussion, it remained unclear whether the Appellants had concerns related to issues which would be the appropriate subject of an appeal to the Tribunal in this matter.
6At the suggestion of the Appellants, the Parties were open to having discussions related to a reduced number of proposed parking spots with the possibility of resolving the issues and the appeal, with the Conservancy open to consulting the Township of Mulmur in this regard. It was agreed that a further CMC would be scheduled to allow time for the Parties to meet and for the Appellants to determine if they wished to pursue the appeal, and if so, to frame their issues appropriately with respect to the applicable legislation and its application to the Development Permit.
7The Hearing Office directed that a second CMC will be held on Tuesday, May 16, 2023. The Hearing Office requested the Appellants contact the Case Coordinator in advance of the second CMC should the matter be settled and they determine to withdraw their appeal.
ORDER
8The Hearing Office orders that a second Case Management Conference will be held by video on Tuesday, May 16, 2023, commencing at 10 a.m.
9Parties and Participants 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/719383509
Access code: 719-383-509
10Parties and Participants are asked to access and set up the 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
11Persons 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.
12Individuals 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.
13There will be no further notice.
14These Hearing Officers are not seized.
“C.I. Molinari”
C.I. MOLINARI
HEARING OFFICER
“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.