NEC permit for survey in upper Stoney Creek's Nash neighbourhood appealed to land tribunal

A neighbouring landowner is appealing the Niagara Escarpment Commission's decision to issue a development permit for a 105-unit residential survey in upper Stoney Creek's Nash neighbourhood to the Ontario Land Tribunal.

A Dec. 8, 2022 letter from a lawyer acting on behalf of numbered company 1876427 Ontario Inc. argues the 15 Ridgeview Dr. development's grading and stormwater drainage plan has not been adequately formed" to justify the permit.

City council in January approved the survey, to include 25 homes, 29 street townhouses and 51 block townhouses on a 5.6-hectare property near the escarpment, with debate focusing on whether higher densities should be required.

The numbered company - along with other neighbours to the south who plan to develop their properties - also formally opposed the city's approval, contending landowners should work together to resolve the area's servicing and stormwater issues.

Piecemeal decision making would undermine good land use planning," stated a Jan. 16 letter from Toronto lawyer Raivo Uukkivi, who is also representing the numbered company on the land tribunal appeal.

The OLT appeal takes issue with the escarpment commission's permit requirement for a monitoring plan for drainage flows to Centennial Falls, located north of the development.

It argues the permit conditions fail to adequately address the Niagara Escarpment Plan's objectives to ensure development protects natural heritage and hydrologic functions and complies with broader water, wastewater and stormwater plans.

The NEC permit requires the Ridgeview Drive survey's owners to submit details on the drainage outlet flow path towards Centennial Falls" for final commission approval before the start of construction.

The monitoring plan's conditions include ensuring a stormwater pond's quality and quantity of water will maintain base flows to Centennial Falls, as well as a contingency plan in the event that the monitoring reveals a deficiency in the designed strategy."

A hearing date for the appeal has yet to be scheduled.