Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 12, 2024

CASE NO(S).: OLT-23-001262

PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N. 2

Appellants: See Attachment 1 – Appellant List

Applicant: Alexis Brenner and Andrew Duncan

Respondent: Niagara Escarpment Commission

Subject: Conditions of Approval for a Development Permit Approval

Description: To appeal the conditional approval of a Development Permit Application for recognizing the existing use of various activities occurred on the subject property

Reference Number: G/A/2023-2024/259

Property Address: 576799 Concession 9

Municipality/UT: Chatsworth/Grey

OLT Case No.: OLT-23-001262

OLT Lead Case No.: OLT-23-001262

OLT Case Name: Brough v. Ontario (Niagara Escarpment Commission)

Heard: March 21, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel*/Representative
Alexis Brenner and Andrew Duncan	Kailey Sutton*
Susan Reeve and Donald Brough	John Goudy*
Paul Dreossi	Tara Wittmann
Armand and Barbara Labute	Shirley Torrie
Shirley Torrie	self-represented
Beatrice and Veronica Balogh	self-represented
Linda Hyder	self-represented
Ange and Brad Torrie	self-represented

MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MARCH 21, 2024 AND ORDER OF THE HEARING OFFICE

1In September 2023, Alexis Brenner and Andrew Duncan (“Applicants”) filed an application to the Niagara Escarpment Commission (“Commission”) for a development permit relating to the lands located at 576799 Concession 9 (“subject lands”), in the Municipality of Chatsworth (Holland), in the County of Grey. The proposed development permit would allow the continued use of activities on the subject lands, including hosting group retreats and providing short-term accommodations; hosting events; on-site sales; and recreational, fitness, and educational activities.

2On November 22, 2023, the Commission approved the proposed development permit.

3In December 2023, Susan Reeve and Donald Brough, Paul Dreossi, Armand and Barbara Labute, Shirley Torrie, Beatrice and Veronica Balogh, Linda Hyder, and Ange and Brad Torrie (together, “Appellants”) appealed the decision.

4On March 21, 2024, the Tribunal (acting in its role as the Niagara Escarpment Hearing Office (“Hearing Office”)) convened the first Case Management Conference (“CMC”) in these proceedings. At the CMC, the Hearing Office addressed a request for Participant status, the identification of issues to be adjudicated, the preparation of a draft Procedural Order and Issues List, and the scheduling of a further CMC.

Request for Participant Status

5Sandra Hibovski, who is a relation to one of the Applicants and supports the approval of the proposed development permit, requested Participant status. None of the Parties objected to her request and the Hearing Office granted Participant status to Ms. Hibovski as requested.

Preparation of a Draft Procedural Order and Issues List

6Prior to the CMC, the Applicants circulated a draft Procedural Order and Issues List. At the CMC, the Parties discussed the finalization of the Issues List identifying the following general issues:

• is the proposed development an existing use as defined under the Niagara Escarpment Plan?
• is the proposed development consistent with the Provincial Policy Statement, 2020?
• are the proposed development and conditions of approval in accordance with all applicable policies, including the purpose and objectives of the Niagara Escarpment Plan, development criteria, and objectives?
• is the proposed development consistent with the Grey County Official Plan?

They also identified environmental, sound, and light impacts of the proposed development along with water and soil pollution as possible issues to be adjudicated. They suggested the possibility of holding a phased hearing with the issue of whether the proposed development is an existing use as the preliminary matter to be addressed.

7The Appellants stated that they were not yet in a position to finalize the Issues List, but they agreed to work together to do so. They agreed to file a final draft Issues List with the Hearing Office prior to the next CMC.

Opportunities for Settlement Discussions

8None of the Parties expressed optimism regarding the prospects for resolving the issues to be adjudicated, although they stated that they would keep an open mind to it. The Hearing Office encourages the Parties to work together to try to narrow or resolve the issues as much as possible.

Scheduling of a Further CMC

9The Hearing Office scheduled a further CMC for Tuesday, April 16, 2024, at 10 a.m., to be heard by video hearing, at which the Procedural Order and Issues List will be finalized and hearing dates will be set. The Hearing Office requests that the Parties file the draft Procedural Order and Issues List with the Hearing Office by no later than Monday, April 15, 2024.

10Parties and Participants are asked to log in to the CMC at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Conference: https://global.gotomeeting.com/join/909787981

Access code: 909-787-981

11Parties 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

12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1-888-455-1389. The access code is as indicated above.

13Individuals 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 Video Hearing 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.

ORDER

14THE HEARING OFFICE ORDERS THAT Sandra Hibovski is a Participant in these proceedings.

15There will be no further notice.

16This Hearing Officer is not seized.

“Hugh S. Wilkins”

HUGH S. WILKINS 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.

ATTACHMENT 1

Appellant List

Appellant Name	Appeal No.
Susan Reeve and Donald Brough	009583
Linda Hyder	009584
Armand and Barbara Labute	009585
Shirley Torrie	009586
Ange and Brad Torrie	009587
Beatrice and Veronica Balough	009588
Paul Dreossi	009589