‘Clearview can’t keep dragging this appeal on’: Lawyer asks for township to withdraw plans to upgrade 26/27
Ontario Land Tribunal expecting update on sideroad project from township by March 31
From The Wasaga Sun, Ian Adams
Tuesday, March 21, 2023
One of the parties to an Ontario Land Tribunal (OLT) hearing on Clearview Township’s application to upgrade Sideroad 26/27 says the township needs to withdraw its case. On March 13, David Donnelly issued a letter to the OLT, asking that a March 31 deadline for the township to update the tribunal on the status of the project be converted to a case management conference.
The tribunal is to hear the township’s appeal of the Niagara Escarpment Commission (NEC)’s decision to deny the municipality’s 2015 development application to upgrade Sideroad 26/27 to year-round use.
The hearing was to begin in November 2021, but was adjourned after the Ministry of the Environment, Conservation and Parks told the township it was reviewing the environmental assessment process the municipality used to justify the project as part of its permit application to the NEC.
The township had undertaken a Schedule A-plus environmental assessment (EA) to justify the project. After several years of backing the township’s position to conduct that level of EA, the ministry reversed course in December and advised the township it needed to undertake a more stringent process and conduct a Schedule C assessment.
The township was to report back to the OLT on March 31 on the implications of the ministry decision. Donnelly, who is representing Wendy Franks, a party to the appeal in support of the NEC’s position, said the township has already made five requests for additional time to provide an update.
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