News

On March 5, 2024 PVPC submitted its factum as part of the judicial review process.  A factum is the written argument that is provided to a judges of appeal court, before the court (3 judges in this case) listens to the lawyers argue the case.  PVPC has asked the court to look at the decision made by the Niagara Escarpment Commission (NEC) on April 21, 2023.  

Here are the next steps in the judicial review process:

1. The Respondent (NEC and Columbia International College) to submit their responding factum by April 5, 2024.
2. The hearing is to be scheduled by the Ontario Divisional Court.  

The Ontario Land Tribunal (OLT) has put their file regarding PW  218 20 on hold until such time that the judicial review process has concluded and if the outcome of the judicial review moves the PW 218 20 NEP Amendment Application forward to the OLT.

On June 24, 2023 from 10:00 to 11:30 am PVPA is having an Open House at 37 Northcliffe. Ave in Dundas (outside in the backyard).  The agenda is as follows:

1. Introduction
2. Brief over of PVPA (and recent changes)
3. Updates on Happenings
4. Questions and Answers

This is a very informal event.  If you can make, please drop by.  Everyone is welcome!

On June 12, NEC posted the agenda for the NEC June 15, 2023 meeting.  Agenda item C1 relates to PVPA's Application for Judicial Review regarding the NEC meeting held on April 27, 2023.  Agenda item C1 is schedule to start at 2:30 pm.  The meeting is a virtual meeting.  If you'd like to attend the meeting, please contact Amaraine.Laven@ontario.ca. 

The descriptions of Maryvale Ave. lots have been revised, removing "Attention Builders and Developers!!".  The descriptions now state "Welcome to 35 Maryvale Avenue in Dundas. Private Street with Quick access to Highway 6, Highway 5, 403 & QEW. 0.76 Acre Lot. Zoned P6.**** EXTRAS **** N/A (31796365)" and "Welcome to 36 Maryvale Avenue in Dundas. Private Street with Quick access to Highway 6, Highway 5, 403 & QEW. 0.48 Acre Lot. Zoned P6. (31796356)".  Referring to the private street, quick access to highways and the asking prices of $600,000 and $450,000, may suggest to some people that these properties could be developed.  PVPA will be reaching out to the agent and continue to monitor the situation.

Two lots in Pleasant View, 35 and 36 Maryvale Ave. are up for sale. The description of these two lots states: "Attention Builders and Developers!!" despite their prohibitive development nature (Both are zoned Conservation/Hazard Land P6 Exception 802 and both are Core Areas for which development is prohibited).  

NEC, the development authority for Pleasant View, has been made aware of the situation and they have indicated 'NEC staff will reach out to the real estate agent to ensure he is aware of the limitations on development.'

PVPA is monitoring the situation.

On June 6, NEC responds to PVPA regarding its June 4 message: " Once the Commission has approved the minutes, they cannot be changed or amended.  However, your feedback will be forwarded to the Chair and Commissioners as requested." PVPA thanked the NEC for taking this action.

On June 2, minute for the April 27, 2023 NEC meeting were posted on the NEC website.  PVPA does not agree with how the minutes describe agenda item A4.  The minutes suggest two interested parties and PVPA's vice chair answered questions.  No questions were asked of these parties.  More importantly, the minutes indicate that "The Commission discussed the differing staff opinions of whether the proposed international school constitutes an urban use...".  PVPA does not agree with this description of the discussion.  On June 4, PVPA wrote to NEC expressing these concerns regarding the minutes and asked that these concerns be brought to the attention of the commissioners.

On June 2, NEC is served the judicial review application filed by PVPA.  See May 29 news post.  The respondent has 30 days to respond.  For more information about the judicial review process, please see Ontario Superior Court of Justice Guide to Judicial Review in Divisional Court.

Check it out PVPA's Blog!

On May 31, PVPA created a Facebook group for the purpose of having discussions about the work of PVPA.  Please join Pleasant View Protection Association Facebook Group and share your thought!

On May 29, Pleasant View Protection Association filed an application for a judicial review with the Ontario Superior Court of Justice (divisional court).  The filing has been accepted by the court and issued to the respondent, Niagara Escarpment Commission (NEC).

It is our position that the NEC erred in law by failing to properly consider and apply ss. 6.1(2.2) of the Niagara Escarpment Planning and Development Act.  The Act prohibits NEP amendment applications that are seeking to permit urban uses related to land designated Escarpment Rural Area, outside of a Plan review period.  Since we consider the proposed 1,000-student school an urban use (NEP amendment application PW 218 20), 574 Northcliffe Ave is designated Escarpment Rural Area, and the Plan is not currently being reviewed, the application should not be considered at this time.  It can be considered during a Plan review that provides a broader context for consideration.

We are looking for the public's support in the way of donations.  There will be cost in presenting our position both at the court hearing and at the Ontario Land Tribunal (OLT) should the application move on to the OLT.  Donations (that will be used for lawyer and consultant fees) can be contributed via  gofundme: Stop Urban Encroachment in a Rural Area of Dundas.

On May 26 PVPA took the step of incorporating.  This allows PVPA to operate formally as a business.  Our mission has not changed.  Our Mission is to ensure existing protection with respect to the development of Pleasant View is upheld and to preserve and enhance this special rural area.

During the May 25 Niagara Escarpment Commission meeting, the Commission voted in favour of referring Columbia International College's development permit application (for construction of a gymnasium and expansion of an onsite sewage treatment) to the Ontario Land Tribunal (OLT) in order for this application to be heard at the same time as Niagara Escarpment Plan (NEP) amendment application PW 218 20 seeking permission to operate a private 1,000-student school in our rural area.  PVPA's lawyer presented at the meeting stating PVPA's position that we support the order that will see the development application be referred to the OLT.

The NEP amendment application seeks permission to use the lands as a secondary school, while the development permit application seeks permission to build the gymnasium, expand the onsite sewage treatment system and other related construction.

Despite a comprehensive NEC staff report that concurs with PVPA's position that the proposed use constitutes an urban use, and the NEC staff recommendation: "That pursuant to the NEPDA subsection 6.1(2.2) the Commission finds that the proposed use constitutes an urban use and directs staff to notify the applicant that pursuant to subsection 6.1(2.3) of the NEPDA, this application may only proceed at the time of the next NEP review through the process as described under section 17 of the NEPDA.", the Commission passed the following order: "With regard to item A4, while report A4 of April 27, 2023, makes a recommendation regarding proposed urban use, this Commission decides to rely on the previous Commission determination dated May 21, 2020, that the proposed use does not constitute an urban use, and in light of the existence of several written objections to the proposal, the Commission refers the application to the Ontario Land Tribunal pursuant to section 10 subsection 3 of the NEPDA.".

According to an article in Dundas Star, cost associated with an incorrectly issued building permit at 10 Newman Rd. "were significant".