Ontario Land Tribunal
Issue Date: January 09, 2024
Case No(s).: OLT-23-000009, OLT-23-000221
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: 1876427 Ontario Inc. Applicants: 146769 Ontario Inc. c/o Fabio and Pia Neri Respondent: Niagara Escarpment Commission Subject of Appeal: Approval of a Development Permit Application to subdivide into single dwelling lots, and blocks containing townhouse units; to construct a local road network; to implement a stormwater management strategy including a drainage outlet; to connect to and install municipal services; to carry out grading; and to establish a park on an existing lot Reference No.: W/R/2021-2022/203 Property Address: 15 Ridgeview Drive Municipality/UT: City of Hamilton OLT Case No: OLT-23-000009 OLT Lead Case No.: OLT-23-000009 OLT Case Name: 1876427 Ontario Inc. v. Ontario (Niagara Escarpment Commission)
PROCEEDING COMMENCED UNDER subsection 17(24) Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: 146769 Ontario Inc. Appellant: 1876427 Ontario Inc. Subject: Proposed Official Plan Amendment Description: To permit the development of 25 single detached dwellings, 29 street townhouse dwellings, 51 townhouse dwellings and the extension of a public road. Reference No.: OPA 180 Property Address: 15 Ridgeview Drive Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-23-000221 OLT Lead Case No.: OLT-23-000221 OLT Case Name: 146769 Ontario Inc. v. Ontario (Niagara Escarpment Commission)
PROCEEDING COMMENCED UNDER subsection 34(19) Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: 146769 Ontario Inc. Appellant: 1876427 Ontario Inc. Subject: Zoning By-law Reference No.: 23-017 Property Address: 15 Ridgeview Drive Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-23-000222 OLT Lead Case No.: OLT-23-000221
PROCEEDING COMMENCED UNDER subsection 34(19) Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: 146769 Ontario Inc. Appellant: 1876427 Ontario Inc. Subject: Zoning By-law Reference No.: 23-018 Property Address: 15 Ridgeview Drive Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-23-000223 OLT Lead Case No.: OLT-23-000221
Heard: August 4, 2023 by Telephone Conference Call
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1876427 Ontario Inc. | Raivo Uukkivi and Adrianna Pilkington |
| 146769 Ontario Inc. | Denise Baker |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS AND D. CHIPMAN ON AUGUST 4, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a Case Management Conference (“CMC”) before the Ontario Land Tribunal regarding several appeals relating to a proposed development on the property located at 15 Ridgeview Drive (“subject property”) in the City of Hamilton (“City”). Part of the subject property is subject to the laws and policies under the Niagara Escarpment Plan and the remainder is subject to the laws and policies under the Planning Act. The first appeal was filed by 1876427 Ontario Inc. (“Appellant”) relating to a development permit issued by the Niagara Escarpment Commission (“NEC”) to 146769 Ontario Inc. (“Applicant”). The development permit facilitates the development of 25 single-dwelling lots and eight blocks containing 80 townhouse units at the subject property. The Tribunal acts in its role as the Niagara Escarpment Hearing Office (“NEHO”) regarding that proceeding. The NEC did not attend the CMC.
2The other proceedings before the Tribunal are appeals brought by the Appellant under the Planning Act relating to the approval of official plan and zoning by-law amendments facilitating the same development on the subject property as those referenced above in paragraph 1 of this Decision. This was the second CMC in those proceedings. The City did not attend.
3At the CMC, the Tribunal heard a request from BV Realty Partners (“BV Realty”) for Party status in each of the NEHO and Planning Act proceedings. BV Realty owns lands adjacent to the subject property on the top of the Niagara Escarpment. In order for the local area to be properly developed, it submitted that a coordinated stormwater management plan is needed. BV Realty submitted that it has worked together with other neighbouring property owners to develop a local stormwater management plan. It submitted that the Applicant’s proposed development and the associated NEC development permit along with the Official Plan and Zoning By-law Amendments do not align with BV Realty’s proposed stormwater management plan. It submitted that the Applicant’s proposed development could impact the design of BV Realty’s plan, including the design of its swale and its capacity and alignment, as well as the water flow in the swale. BV Realty submitted that the determination of stormwater management plans is an issue that has been raised in each of the appeals. It submitted that the proposed development would have implications on the developable area on BV Realty’s lands and the timing of development on its lands. BV Realty requested that it be granted Party status in these proceedings to ensure that its stormwater management concerns are considered and that the Tribunal can adjudicate effectively and completely in the public interest.
4The Appellant did not object to BV Realty’s request for Party status.
5The Applicant was opposed to BV Realty’s request. It submitted that the design of infrastructure, including the stormwater management system, will be determined at the draft Plan of Subdivision approval stage. It submitted that BV Realty has been aware of the proposed development for some time and that it has consulted with the Applicant’s engineers. It submitted that BV Realty did not make submissions to City Council regarding the proposed Official Plan and Zoning By-law Amendments and did not file appeals within the statutory timeframes. It submitted that it is now too late in these processes to seek Party status and that the Applicant will be prejudiced if BV Realty is granted status. It submitted that if Party status were granted, additional experts’ meetings would be required and additional hearing time would be needed. It argued that BV Realty has provided no reasonable grounds for its addition as a Party to any of the proceedings. However, the Applicant submitted that it does not oppose the granting of Participant status to BV Realty.
ANALYSIS AND FINDINGS
6The Tribunal notes the importance of having a coordinated stormwater management plan for the area and recognizes that BV Realty could be impacted by the outcomes of the proceedings. However, the Tribunal also notes that the hearing of the NEC development permit is scheduled to commence in early September giving the existing Parties very limited time to prepare for and respond to BV Realty’s intended evidence for that proceeding. The Tribunal finds that the Applicant would be unfairly prejudiced if BV Realty were added as a Party in any of the appeal proceeding at this late stage and that BV Realty’s concerns can be adequately considered through the filing of Participant submissions. The existing Parties intend to call evidence relating to BV Realty’s concerns and the Tribunal finds that no evidentiary gaps that would result if BV Realty were not granted Party status. The Tribunal finds that BV Realty’s engagement as a Party would not assist the Tribunal in making its decisions and, given the late stage in the proceedings, it would unfairly prejudice the Applicant in each of the proceedings.
7Based on this reasoning, the Tribunal finds that it is appropriate to grant Participant status to BV Realty in each of the proceedings and to deny it Party status.
ORDER
8The Tribunal orders that the request made by BV Realty Partners for Party status is denied.
9The Tribunal orders that BV Realty Partners is a Participant in each of the proceedings.
"Hugh S. Wilkins"
HUGH S. WILKINS HEARING OFFICER AND VICE CHAIR
"D. Chipman"
D. CHIPMAN HEARING OFFICER AND MEMBER
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.