ISSUE DATE: November 19, 2024
CASE NO(S).: OLT-24-000864
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: Natalie Kotyck
Applicant: Dave Ritchie
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct a driveway, replace a culvert to provide access to an existing lot with a dwelling
Reference No.: M/R/2020-2021/513
Property Address/Description: 678178 Centre Road
Municipality: Township of Mulmur
Upper Tier: County of Dufferin
OLT Case No.: OLT-24-000864
OLT Lead Case No.: OLT-24-000864
OLT Case Name: Kotyck v. Ontario (Niagara Escarpment Commission)
Heard: November 13, 2024 by Video Hearing
Parties and Counsel
| Parties | Counsel |
|---|---|
| Natalie Kotyck | Self-represented |
| Dave Ritchie | Self-represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON NOVEMBER 13, 2024
1This Decision arises from a Case Management Conference (“CMC”) convened regarding the appeal brought by Natalie Kotyck (“Appellant”) arising from a decision made by the Niagara Escarpment Commission (“Commission”) granting conditional approval of a development permit relating to the lands located at 678178 Centre Road (“Subject Lands”), in the Township of Mulmur.
2The development permit grants conditional approval for the development of a driveway and replacement of a culvert on a deeded Right of Way (“RoW”) in order to provide access to the Subject Lands. The original design for the driveway included grading outside of the RoW, however a revised design has been submitted that corrects this.
3The Tribunal acts in the role as the Niagara Escarpment Hearing Office (“Hearing Office”), in this proceeding.
4There are no requests before the Hearing Office for Added Party or Participant status in this matter.
5At the CMC, the Hearing Office discussed opportunities for settlement discussions. Both Parties indicated that private discussions have been progressing with some issues being resolved and some still outstanding. The Parties are continuing private settlement discussions with an option for Tribunal Mediation if a settlement cannot be reached.
6The Tribunal set a deadline of Wednesday, January 22, 2025 for the Parties to provide a status update.
7There will be no further notice.
8This Hearing Officer is not seized.
“A. Snowdon”
A. SNOWDON
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.