Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2024
CASE NO(S).: OLT-24-000578
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: Robert Marini
Applicant: T. Johns Consulting Group Limited
Respondent: Niagara Escarpment Commission
Subject: Conditions of Approval for a Development Permit Application
Description: To appeal conditional approval of a Development Permit to re-establish the institutional use and exterior maintenance of an existing school on an existing lot
Reference Number.: W/P/2022-2023/50
Property Address: 50 Greenhill Avenue
Municipality/UT: City of Hamilton
OLT Case No.: OLT-24-000578
OLT Lead Case No.: OLT-24-000578
OLT Case Name: Marini v. Ontario (Niagara Escarpment Commission)
Heard: September 12, 2024 by Video Hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Robert Marini (“Appellant”) | Self-represented |
| Niagara Escarpment Commission (“NEC”) | B. Henderson |
| 1000338299 Ontario Inc. (“Applicant”) | M. Ghaddar |
REPORT DELIVERED BY S.L. DIONNE AND ORDER OF THE TRIBUNAL
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 (“NEPDA”) by Robert Marini (“Appellant”).
2The Tribunal functions as the Niagara Escarpment Hearing Office (“NEHO”) and the Tribunal Member constitutes a Hearing Officer for appeals under NEPDA.
3The matter before the NEHO is an appeal of a development permit for the lands municipally known as 50 Greenhill Avenue, in the City of Hamilton (“Property”). The purpose of the development permit is to re-establish an institutional use (elementary school) and permit exterior maintenance and other improvements on the Property.
4As this is a third-party appeal and the Applicant is not a statutory Party, the Hearing Officer formally added 1000338299 Ontario Inc. as a Party to the Appeal on consent of the Parties in attendance. There were no other requests for status.
THE ISSUES
5The Appellant was invited by the Hearing Officer to elaborate on the issues in his letter of appeal. It was clarified that the Appellant is not concerned with the use (elementary school), nor with the granting of the development permit. Rather, his concerns pertain to the manner in which the NEC conducts itself in processing these types of applications. He expressed concern with how notice is given to the public and the level of information that is made available. As an example, he suggested that larger signage should be required to be used for providing notice of an application.
6The representative for the NEC took note of the concerns of the Appellant.
7The Appellant confirmed that there would be no need for a hearing, and that he was satisfied to withdraw his appeal.
RELEVANT LEGISLATION AND RULES
8The relevant legislation and rules of the Ontario Land Tribunal’s Rules of Practice and Procedure which apply to appeals under the Act in this situation are:
25(10.2) If the persons who appealed the decision withdraw their appeals or fail to appear at the hearing, the decision of the delegate shall be deemed to be confirmed.
DECISION
9The Hearing Officer accepts that the Appellant withdraws the appeal.
10The Hearing Officer finds that the NEC’s Decision to conditionally approve the Applicant’s Development Permit Application No. W/P/2022-2023/508 pursuant to s.25(10.2) of NEPDA is deemed to be confirmed.
“S.L. Dionne”
S.L. Dionne
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.