Ontario Land Tribunal
Issue Date: September 22, 2025
Case No(s).: OLT-25-000460
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: Azra Bowron
Applicant: Andreas Houlios
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct an accessory structure for personal storage and recognition of gravel and shipping containers to support the accessory structure, on a lot with an existing single-family dwelling with attached garage, pool, and shed
Reference Number: APP-2024-00121
Property Address/Description: 4347 Sideroad 4
Municipality/UT: Burlington/Halton
OLT Case No.: OLT-25-000460
OLT Lead Case No.: OLT-25-000460
OLT Case Name: Bowron v. Ontario (Niagara Escarpment Commission)
Heard: August 21, 2025 by Video Hearing
Appearances
| Parties | Counsel/Representative* |
|---|---|
| Azra Bowron | Self-Represented* |
| Lisa Faraway | Self-Represented* |
| Niagara Escarpment Commission | Did Not Attend |
Memorandum of Oral Decision Delivered by Bita M. Rajaee on August 21, 2025 and Order of the Tribunal
Introduction
1This was the first Case Management Conference (“CMC”) in respect of an appeal brought pursuant to s. 25(5.1) of the Niagara Escarpment Planning and Development Act, as amended, by Azra Bowron (“Appellant”) against a decision of the Niagara Escarpment Commission (“NEC”) to conditionally approve a development permit application in relation to the property at 4347 Sideroad 4 in Burlington (“Subject Property”).
2Lisa Faraway (“Owner”) owns the Subject Property, which is designated Escarpment Natural Area and Escarpment Protection Area, in the Niagara Escarpment Plan (“NEP”). She applied to the NEC for a development permit to facilitate the:
a. Construction of a one-storey 237.2 square metre (2553 square feet), ±7 metre high (±23 feet) accessory structure for personal storage off the south side of the existing driveway; and
b. Recognition of gravel and three shipping containers already installed on the Subject Property to support the accessory structure.
3The NEC approved the application on May 14, 2025, subject to a list of conditions, including a requirement that the proposed accessory structure be used only for personal storage and not for commercial purposes. Specifically, Condition 1 on the Conditions for Approval states:
- Prior to the issuance of a Development Permit by the Niagara Escarpment Commission, the landowner shall enter into an Agreement under Section 24(2.1) of the Niagara Escarpment Planning and Development Act, in a form acceptable to the Niagara Escarpment Commission. The agreement shall be registered on title of 4347 No. 4 Sideroad CON 5 NS PT Lot 3 City of Burlington, Region of Halton at the Landowner’s expense. The agreement shall contain a term acknowledging that the accessory structure shall be used for personal storage only and in particular will not be used for the storage of commercial vehicles. The landowner shall provide proof satisfactory to the Niagara Escarpment Commission that the agreement has been registered against the lands (i.e., copy of the parcel registry extract and a letter from the landowner’s solicitor that the registration is complete), and that the landowner under this Development Permit is the landowner of the lands at the time of registration. The agreement shall not preclude the owner, or subsequent landowners, from applying for further development permits in future in accordance with the NEP as amended from time to time.
[Emphasis in Original]
4The Appellant owns a neighbouring property and is concerned that the Owner is not going to use this accessory structure for personal use only. The Appellant stated in her appeal that the Owner is currently conducting commercial activity on the Subject Property and will continue to do so once the accessory structure is built.
Status Requests
5The Tribunal did not receive any requests for status prior to or at the CMC.
6The Appellant advised that another neighbouring property owner wished to seek Party status. The Tribunal indicted that nothing had been received. However, as explained below, a second CMC has been scheduled on this matter, and the Tribunal asked the Appellant to relay to the neighbouring landowner to attempt to seek status, if desired, at that CMC.
Discussions
7At this CMC, the Hearing Officer explained the process to the self-represented Parties, including details regarding preparing a Procedural Order and Issues List to assist with the Hearing.
8The Appellant raised many concerns, including those which had led to the filing of this appeal. The Hearing Officer explained that no decision would be made at this CMC, but did delve into the substance of the case insofar as it assisted in developing issues for the Issues List to be prepared. For example, in response to some of the concerns and questions raised by the Appellant, the Hearing Officer directed that the Appellant must indicate issues relating to the Conditions of Approval if she has concerns with the wording of those Conditions.
9The Owner had some questions regarding the process for the Hearing, and the Hearing Officer explained the process in fulsome detail.
10There is a related Civil Action between these two Parties, and the Appellant asked that this Tribunal matter be stayed until that Civil Action is resolved. However, upon further investigation, it became apparent that the Civil Action was related to an easement and not to the storage facility. Moreover, the Hearing Officer explained that the Appellant would have to bring ample evidence to show why this Tribunal proceeding could not continue while the Civil Action was ongoing. To date, that evidence had not been provided. The Hearing Officer directs that the Appellant can bring this evidence in the future, for example at the next CMC, but must do so by way of a Motion to allow adequate time for the other Party to respond.
11The Tribunal directed that the Procedural Order and Issues List, or a status update, be provided to the Tribunal’s Case Coordinator by Tuesday, October 14, 2025.
Second CMC
12As discussed above, the second CMC is scheduled to proceed by video on Tuesday, October 21, 2025 at 10 a.m.
13Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
14Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
15Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 719-383-509.
16Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
Motion to Dismiss
17On September 10, 2025, the Tribunal received a Motion to Dismiss this appeal, filed by the Owner. The Tribunal directed that this Motion would be heard on Tuesday, October 21, 2025, the same day as the second CMC.
18The Tribunal provided the following deadlines:
a. The Appellant’s Response to Motion to Dismiss is to be served and filed by Friday, October 10, 2025; and
b. The Owner’s Reply Submissions are to be served and filed by Thursday, October 16, 2025.
Order
19THE TRIBUNAL ORDERS as follows:
a. A second Case Management Conference (“CMC”) is scheduled as described above in this Decision;
b. The Procedural Order and Issues List, or a status update, is to be provided to the Tribunal’s Case Coordinator by Tuesday, October 14, 2024; and
c. The Motion to Dismiss will be heard on the same day as the second CMC.
20No further notice is required.
21This Hearing Officer is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.