Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 04, 2024
CASE NO(S).:
OLT-24-000260
PROCEEDING COMMENCED UNDER section 25(5.1) and section 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant (jointly):
John and Jeanne Codrington, Paul and Susan Jurbala, Sandra and Kevin Stokes
Applicant:
Queenston Quarry Reclamation Company
Respondent:
Niagara Escarpment Commission
Subject:
Conditions of Approval for a Development Permit Application
Description:
To appeal the conditional approval of a Development Permit of a former quarry for redevelopment on an existing 105.08 hectares of land
Reference Number.:
N/C/2022-2023/180
Property Address:
5523 Townline Road
Municipality/UT:
Niagara-on-the-Lake/Niagara
OLT Case No.:
OLT-24-000260
OLT Lead Case No.:
OLT-24-000260
OLT Case Name:
Codrington v. Ontario (Niagara Escarpment Commission)
Heard:
June 5, 2024 by Video Hearing
APPEARANCES:
Parties
Representative
Queenston Quarry Reclamation Company
Frank Racioppo
John and Jeanne Codrington, Paul and Susan Jurbala, and Sandra and Kevin Stokes
Paul Jurbala
Niagara Escarpment Commission
Did not appear
REPORT OF THE TRIBUNAL DELIVERED BY C. I. MOLINARI
INTRODUCTION
1The Tribunal convened a Case Management Conference ("CMC") in respect of an appeal filed pursuant to s. 25(5.1) of the Niagara Escarpment Planning and Development Act ("Act") by John and Jeanne Codrington, Paul and Susan Jurbala, and Sandra and Kevin Stokes ("Appellants") against the decision of the Niagara Escarpment Commission ("NEC") to conditionally approve a Development Permit Application ("NEC Permit") submitted by Queenston Quarry Reclamation Company ("Queenston"/ "Applicant") for the property at 5523 Townline Road ("Property").
2The Tribunal functions as the Niagara Escarpment Hearing Office ("NEHO") and the Tribunal Member constitutes a Hearing Officer for appeals under the Act.
3The purpose of the NEC Permit is to facilitate the redevelopment of a former quarry on the Property for residential, commercial, and recreational uses and the Appeals relate to perceived impacts of the proposed development on neighbouring properties.
PARTIES / PARTICIPANTS
4As this is a third-party appeal and the Applicant is not a statutory Party, the NEHO formally added Queenston as a Party to the Appeal on consent of the Parties in attendance.
5There were no other requests for Party or Participant status.
SETTLEMENT
6The Parties in attendance updated the NEHO on the ongoing settlement discussions related to the conditions to the NEC Permit ("Conditions"). Sandy Dobbyn, Senior Strategic Advisor with the NEC, appeared as a Friend of the NEHO and offered to facilitate the resolution of the settlement by aiding in the drafting of appropriate wording of the Conditions, subject to the concurrence of the Applicant and the Appellants. Mr. Dobbyn qualified his attendance at the CMC, clarifying that he was not an advocate for the Applicant nor the Appellants, nor was he acting as an agent or representative of the NEC, but simply as a resource to the NEHO to facilitate a settlement.
7Mr. Dobbyn took the NEHO to s. 25(12.1) of the Act, noting that it provides for the decision of the NEC, to conditionally approve the NEC Permit, to be deemed confirmed by the NEHO as follows:
Agreement on terms and conditions
(12.1) The decision of the delegate shall be deemed to be confirmed if,
(a) the decision of the delegate was a decision to issue a development permit;
(b) the parties who appeared at the hearing have agreed on all of the terms and conditions that should be included in the development permit and all of these terms and conditions are set out in the report of the officer under subsection (11); and
(c) the opinion of the officer expressed in his or her report under subsection (11) is that, if the decision of the delegate included the terms and conditions referred to in clause (b), the decision would be correct and should not be changed. 2000, c. 26, Sched. L, s. 7 (19).
8Mr. Dobbyn suggested amended wording to Conditions 7, 11 and 16 of the NEC Permit that might satisfy the Parties and facilitate a settlement. The amended wording provides for a berm and landscaping to screen the proposed development and adds the Town of Niagara-on-the-Lake ("Town") as an additional agency to be satisfied with an addendum to the submitted Noise Impact Assessment ("NIA").
9As the Parties in attendance were in agreement with the amendments to the wording of the Conditions as proposed by Mr. Dobbyn, the CMC was converted to a settlement hearing pursuant to Rule 12 of the Tribunal’s Rules of Practice and Procedure.
10The Parties in attendance agreed to provide the NEHO with the final amended wording of the Conditions by Wednesday, June 12, 2024.
POST-HEARING UPDATE
11The NEHO received the final revised Conditions ("Revised Conditions"), as submitted by the NEC on consent of the Parties and as appended as Attachment 1 to this Decision, which include amended wording to Conditions 7 and 16.
12The NEHO accepts the submissions of the Parties and Mr. Dobbyn and finds that the Revised Conditions, as agreed to by all Parties, are appropriate for the development of the Property, represent good land use planning and are in the public interest as they reflect the Conditions approved through the NEC Permit and also provide for the screening of the Property to adjacent landowners and for the review of the addendum to the NIA to the satisfaction of the Town in addition to the other noted approval agencies.
13The NEHO notes that s. 25(12.1) (a), (b) and (c) are met and thus the Decision of the NEC can be deemed to be confirmed with the Revised Conditions.
REPORT
14THE HEARING OFFICER CONCLUDES THAT the Niagara Escarpment Commission decision to issue Development Permit No. N/C/2022-2023/180, with the agreed revised conditions appended to this report as Attachment 1, is correct and should not be changed. The Niagara Escarpment Commission’s decision is deemed to be confirmed with the addition of the agreed revised conditions, pursuant to s. 25(12.1) of the Niagara Escarpment Planning and Development Act.
"C. I. Molinari"
C. I. MOLINARI
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.