Wayne Fairbrother

The appellants appealed the refusal of a development permit application to reconstruct a sideroad from seasonal to year-round use.

During a pre-hearing conference, the Township of Clearview requested a six-month adjournment because the proposed road work would encroach into wetland areas, requiring an application to amend the Niagara Escarpment Plan.

All parties consented to the adjournment.

The Hearing Officers granted the adjournment and vacated the previously scheduled hearing dates to allow the amendment process to take place.

The Niagara Escarpment Hearing Office issued a procedural order following a pre-hearing conference regarding appeals from the refusal of a development permit application to reconstruct 26/27 Sideroad.

The order sets out the organization of the hearing, including dates for the continuation of the pre-hearing conference, motions, and the main hearing, as well as requirements for witness lists, expert meetings, and the exchange of evidence.

At a pre-hearing conference regarding an appeal of the Niagara Escarpment Commission's refusal to issue a development permit for road reconstruction, several individuals and organizations requested party, participant, or presenter status.

The Hearing Officers granted the requests, finding that the applicants met the respective requirements under the Rules of Practice, as their interests could be directly and substantially affected by the hearing and they had a genuine interest in the subject matter.

The appellant appealed the Director's refusal to approve two wind turbines in a Renewable Energy Approval.

The appellant later sought to withdraw this portion of the appeal and amend a condition regarding Blanding's Turtle as part of a settlement.

The Tribunal allowed the withdrawal of the appeal regarding the turbines but adjourned the hearing on the settlement agreement amending the condition until related appeals by other parties were resolved, to avoid conflicting outcomes.

The added parties brought a motion for a stay of the proceedings or an adjournment of the hearing regarding the refusal of a Renewable Energy Approval for two wind turbines.

The Environmental Review Tribunal dismissed the motion, with reasons to follow.