Proposed Plan Amendments
PH 143 03
Milton Outlier
June 16, 2005, the NEC approved the recommendations of the Initial Staff Report PH 143 03.This report recommends the circulation of the proposed amendment. Comments, letters of support or opposition were accepted until September 27th, 2005. The Plan Amendments remains under review and in discussion with stakeholders.
Initial Staff Report
Related Maps
PH 153 04 - Nelson Aggregate Co.
The hearing has concluded apart from the submission of the final argument, which will be presented in the last week of February, 2012. The parties will then wait for a decision from the Joint Board, a process that may take many months.
The purpose of the 2004 application to amend the Niagara Escarpment Plan is to re-designate 82.3 ha on the south side of No.2 Sideroad (Part of Lots 17 and 18, Concession 2) in the City of Burlington, Region of Halton from Escarpment Rural Area to Mineral Resource Extraction Area to permit a quarry. Applications to amend the Region of Halton Official Plan and the City of Burlington Official Plan have also been submitted. Nelson is also seeking approval of a Class A licence under the Aggregate Resources Act. A Joint Agency Review Team (JART) comprised of NEC, Region, City, Conservation Halton and Ministry of Natural Resources staff, reviewed the reports submitted by Nelson in support of their application.
The JART report on the Nelson quarry applications was released in February and is available on the Regional Municipality of Halton's website.
Current status: the hearing continues.
PA 159 Harold Sutherland
Harold Sutherland
Note: This proposed amendment has been withdrawn. Please see proposed Amendment PG 167.
Plan Amendment No. 159 proposes to designate Lot 26, Lot 27 and Part Lot 28 Concession 19 (Former Township of Keppel) Township of Georgian Bluffs, Grey County, as Mineral Resource Extraction Area from Escarpment Rural Area.
Related Maps
PA 161 Walker Aggregates - Duntroon Quarry
Plan Amendment No. 161 proposes to designate Lot 25 and Part Lot 26 Concession 12 and Part Lot 26 Concession 11, Clearview Township, Simcoe County, from Escarpment Rural Area and Escarpment Natural Area to Escarpment Natural Area, Escarpment Rural Area and Mineral Resource Extraction Area for a quarry.
The final decision of the Consolidated Board will be posted when available. (status as of Oct. 2011)
PA 167 07 Harold Sutherland
To amend the Niagara Escarpment Plan from Escarpment Rural Area to Mineral Resource Extraction Area on a part of Lots 26, 27 and 28, Concession 10 Township of Georgian Bluffs (formerly Township of Keppel), County of Grey, as shown on Schedule A to permit a below the water table quarry. To permit the existing asphalt plant to remain within the existing quarry in Lot 28 for a period of five years from date of issuance of the new Aggregate Resources Act (ARA) licence and to permit the existing processing plant and other accessory uses to remain in the existing quarry for a period of seven years from issuance of the ARA licence as an exception to the permitted uses of the Mineral Resource Extraction Area designation, and to amend the permitted uses of the Escarpment Rural Area to permit water management and monitoring activities outside the proposed quarry and a conveyor tunnel under County Road 17. The remaining lands owned by the applicant, shown on Schedule A, designated Escarpment Natural Area are not proposed to be changed by this Amendment.
The Staff Report on the Plan Amendment application was presented to the NEC on September 16th, 2010. The Commission deferred a decision requesting additional information, including an independent peer review of the hydrogeological information provided by the Applicant. The Applicant submitted a revised Adaptive Management Plan (Feb 2011) and the independent peer review was completed (March 2011). A reply to the peer review was submitted by the proponent (May 2011), a supplemental report was provided by the peer reviewer (June 2011), and additional hydrogeological information in further response was provided by the applicant (June 2011). An Addendum Staff Report for the Amendment and a Staff Report for the related Development Permit Application (G/E/2007-2008/9099) was presented to the NEC at their meeting of August 18, 2011. The Commission took the position to support the Amendment Application with a modification (reduction) to the extraction area and conditionally approved the Development Permit Application. A pre-hearing, administered by the Niagara Escarpment Hearing Office of the Environmental Review Tribunal, is scheduled for January 24 -25, 2011.
Figures 1-2:
1-Location Map
2-Proposed Schedule A Map with Setbacks and Buffers
Figures 3-5:
3- Natural Heritage Features
4-ARA Drawing 2 of 7 Operations Plan (August 2, 1010)
5-NEPA PG 159 05 Application (April 1, 2005)
Figures 6-7
Figure 6 NEPA PG 167 07 Application (November 2007)
Figure 7 NEPA PG 167 07 Application (March 2010)
Figures 8-9:
Figure 8 Air Photo - Features, Photo Stations and Proposed Setbacks
Figure 9 Excerpt of Landscape Unit Map & - Scenic Ranking
Figures 10-11:
Figure 10 Photo Existing Conditions County Road # 17
Figure 11 Photo Existing Conditions County Road # 17
Figures 12-13:
Figure 12 Photos Existing Conditions Concession 10
Figure 13 Photos Existing Conditions County Road # 17
Figure 14:
Figure 14 Photo from Quarry Area 1A
PH 169 07 Dufferin Quarry Addition
Update: Plan Amendment PH 169 07 was approved by the Minister of Natural Resources Dec. 13, 2011, and will be incorporated into the Niagara Escarpment Plan in the near future.
Amendment PH 169 07 to the NEP proposes to add and designate 70 hectares/175 acres (approximately) of land north and west of the expanded Dufferin Aggregates Milton Quarry, to maximize the natural landscape corridor in the vicinity of the expanded Mineral Resource Extraction Area, in accordance with Provincial Cabinet direction. The lands will be designated Escarpment Natural Area, Escarpment Protection Area, Escarpment Rural Area and Mineral Resources Extraction Area.
PS 173 08 Covington House Investments Ltd.
Final arguments were submitted Oct. 12, 2011, and a decision from the OMB is forthcoming.
This is a site-specific application to amend the Niagara Escarpment Plan to permit the establishment of a portion of a condominium road to locate on the “prominent” Escarpment slope within the Escarpment Recreation Area designation, to provide access to a future four-lot residential plan of condominium on a approximately 2.8 hectare (6.9 acre) parcel of land, which is currently part of the Oslerbrook Golf Club property. The Amendment would form an exception to the Development Objective of the Escarpment Recreation Area which limits uses to recreational facilities that need the slope to operate (e.g., ski runs). The proposed residential plan of condominium buildings will not be situated on the “prominent” Escarpment slope and therefore does not form part of the proposed Amendment.
PC 175 08 Escarpment Recreation Area
The proposed Amendment is currently under review and discussion with stakeholders.
Plan Amendment No. 175 proposes to change the designation and/or policies respecting those lands affected by the Escarpment Recreation Area in the NEP.
Plan Amendment 175 Maps:
PW 176 08 Addition of lands to the Niagara Escarpment Plan (Cootes Paradise Link)
Update: Plan Amendment PW 176 08 was approved by the Minister of Natural Resources on December 13, 2011, and will be incorporated into the Niagara Escarpment Plan in the near future.
At it’s meeting of June 16, 2011, the Commission endorsed the modified Amendment as set out in the Final Staff Summary Report and requested that the Minister approve the Amendment pursuant to Section 10 (11) of the Niagara Escarpment Planning and Development Act (NEPDA) and the recommendations of this Report. Accordingly, Amendment PW 176 has been sent to the Minister for final approval.
On June 14, 2010 the “Cootes Paradise Link” in the City of Hamilton, were added to the Niagara Escarpment Planning Area (NEPA) by the Lieutenant Governor in Council pursuant to the provisions of the Niagara Escarpment Planning and Development Act (NEPDA),through the filing of Ontario Regulation 235/10. The subject lands are not currently included or designated under the Niagara Escarpment Plan. The addition to the NEPA permits the processing of an NEP Amendment to provide Escarpment land use Designations and Policies to this area.
The Amendment proposes to add and designate approximately 93 hectares (230 acres) of lands owned by the Royal Botanical Gardens and the City of Hamilton which include easements for Hydro One (along two existing hydro lines), as Escarpment Natural Area and Escarpment Protection Area, joining these lands to the main body of the Niagara Escarpment Plan (NEP). The majority of the subject lands are also proposed for inclusion as Public Lands in the Niagara Escarpment Parks and Open Space System (NEPOSS), within the Natural Environment Park classification.
PH 177 08 Addition of lands to the Niagara Escarpment Plan (407 “Gap Lands”)
Update: Plan Amendment 177 08 was approved by the Minister of Natural Resources on January 6, 2012, and will be incorporated into the Niagara Escarpment Plan in the near future.
At it’s meeting of July 21, 2011 the Commission endorsed the modified Amendment as set out in the Final Staff Summary Report and requested that the Minister approve the Amendment pursuant to Section 10 (11) of the Niagara Escarpment Planning and Development Act (NEPDA) and the recommendations of the Staff Report. Accordingly, Amendment PH 177 08 has been sent to the Minister for final approval.
On June 14, 2010 the 407 “Gap Lands” in the City of Burlington, were added to the NEPA by the Lieutenant Governor in Council pursuant to the provisions of the NEPDA, through the filing of Regulation 235/10. The subject lands are not currently included or designated under the Niagara Escarpment Plan. The inclusion of the subject lands into the NEPA will permit Escarpment land use Designations and policies to be applied by Amendment to this area.
The Amendment proposes to add and designate approximately 108 hectares (267 acres) of privately and publicly owned lands as Escarpment Natural Area and Escarpment Protection Area with a portion identified as Public Lands in the Niagara Escarpment Parks and Open Space System (NEPOSS).
PC 178 09 Harmonization of the NEP with the Endangered Species Act, 2007
Hearing dates are to be scheduled for this proposed Amendment.
Amendment 178 proposes to harmonize the existing objective, policies and definitions in the Niagara Escarpment Plan respecting Species at Risk (SAR), with the Endangered Species Act, 2007, and to undertake general housekeeping modifications to the language pertaining to SAR, wildlife habitat and fish habitat.
At its meeting of February 17, 2011, the Commission adopted this Final Staff Position Report
At its meeting of November 19, 2009, the Commission adopted the following Revised Proposed Plan Amendment and Staff Recommendations.
PW 179 09 Pleasant View Survey
Comments have been received for this proposed Amendment, and it is currently under review and discussion with stakeholders.
The NEC is proposing to amend the Niagara Escarpment Plan (NEP) to add approximately 399 hectares (986 acres) and provide NEP land use designations to these lands, which are known as the Pleasant View Survey, in the City of Hamilton.
The NEC is responding to an Order-in-Council (OIC) filed on June 14, 2010 to include the lands in the Niagara Escarpment Planning Area (NEPA) for the purpose of facilitating an Amendment to the Niagara Escarpment Plan (NEP). Ontario Regulation 235/10 implementing the OIC was published in the Ontario Gazette on July 3, 2010.
Proposed Plan Amendment PW 179 09
Note: If you wish to view the maps listed on pages 19-20 of the report, please contact us.
PH 180 Dufferin Acton Quarry
The Joint Agency Review Team (JART) process for this proposed Amendment is ongoing into 2012.
The JART has completed a further review of the technical studies prepared by Dufferin and the latest JART report, February 2012, is available below. This report will be presented at a public meeting to be held at 7pm at the Acton High School on March 20, 2012.
Dufferin Aggregates, a division of Holcim (Canada) Inc., has applied to amend the Niagara Escarpment Plan to permit an expansion of their Acton Quarry. The property is located at Part of Lots 19, 20, 21, 22 and 24, Concession 3 and Part of Lots 20, 21 and 22, Concession 4 in the Town of Halton Hills, Region of Halton. The application proposes to change the designation of the subject lands from Escarpment Rural Area to Mineral Resource Extraction Area (77 hectares) and from Escarpment Rural Area to Escarpment Natural Area (56 hectares).
Dufferin has also submitted Planning Act applications to amend the Region of Halton Official Plan, the Town of Halton Hills Official Plan and zoning bylaw and has applied to the Ministry of Natural Resources for a Class A Licence under the Aggregate Resources Act.
Dufferin has submitted numerous technical reports in support of its applications. These reports can be found at www.dufferinactonquarry.com/en/whatsnew/whats_new.asp A Joint Agency Review Team (JART) has been formed to review the technical reports. The members of JART include the NEC, the Region of Halton, the Town of Halton Hills, the Ministry of Natural Resources, Conservation Halton and Credit Valley Conservation.
For further information, please contact Nancy Mott-Allen, Senior Strategic Advisor and JART Chair at 905-877-8363.
182 Weinberg
On June 14, 2010 the Weinberg lands in the Municipality of Grey Highlands, Grey County , were added to the Niagara Escarpment Planning Area by the Lieutenant Governor in Council pursuant to the provisions of the Niagara Escarpment Planning and Development Act, (NEPDA) through the filing of Regulation 235/10. The subject lands are not currently included or designated under the Niagara Escarpment Plan. The inclusion of the subject lands into the NEPA will permit Escarpment land use designations and policies to be applied by Amendment to this area. Development Control regulation will be extended to the subject lands should the amendment be approved. A portion of these lands contain the Rocklyn Swamp Provincially Significant Wetland complex, which will be designated Escarpment Natural Area.
The NEC is also proposing to re-designate adjacent lands already within the NEP which are also covered by portions of the Rocklyn Swamp Provincially Significant Wetland complex, from the Escarpment Rural Area to the Escarpment Natural Area designation, to properly reflect the Designation Criteria of the NEP.
PC 183 10 Significant Woodlands
The Public Interest Advisory Committee (PIAC) has suggested the proposed Amendment be brought back for further discussion.
On September 15, 2010 the Commission approved the proposed amendment to the Niagara Escarpment Plan (NEP) policies respecting Wooded Areas, to include an objective, policies and definitions for the identification and protection of Significant Woodlands within the Niagara Escarpment Plan Area, for circulation and notification pursuant to Subsection 6.1 (2) of the NEPDA.
PH 185 10 Protecting Escarpment Rural Land (PERL)
A summary report to the Commission is expected in the winter of 2012.
Protecting Escarpment Rural Land (PERL) submitted an application to the Commission to amend the Niagara Escarpment Plan (NEP) to re-designate approximately 82.3 ha, which is owned by Nelson Aggregates Co. (Nelson), from Escarpment Rural Area to Escarpment Natural Area and Protection Area on Part Lots 17 and 18, Concession 2 N.D.S. in the City of Burlington, Regional Municipality of Halton. The Commission approved the circulation of proposed Amendment PH 185 10 on November 18, 2010. The subject property includes a Provincially Significant Wetland Complex, Significant Woodland, species at risk habitat, headwater tributaries and agricultural fields. Applications have been filed by Nelson to expand their quarry operations on this property, which is currently subject to a Joint Board Hearing.
PG 187 10 - Elford
The proposed Amendment is currently under consideration of the Minister of Natural Resources.
This Amendment application proposes to amend the New Lots policy of the Escarpment Protection Area designation to permit a site-specific exception that would allow the creation of a new 0.8 ha (2 ac) lot in the south-east corner of the 24 ha (60 ac) property rather than in the north half of the property as currently permitted by the Niagara Escarpment Plan, and to preclude any future severance along the original Township Lot lot line.
PG 188 10 Woodhouse
The proposed Amendment is currently under consideration of the Minister of Natural Resources.
This Amendment application proposes to amend the New Lots policy of the Escarpment Protection Area designation to permit a site-specific exception that would allow the creation of a 1 ha (2.4 ac) new lot from the 80 ha (200 acre) lot in the south half of the property rather than along the original Township Lot line and not being 40 ha (100 ac) in size, as permitted by the NEP, and to preclude any future severance along the original Township lot half-lot line.
PB 189 10 Bruce Trail Conservancy
The Commission approved the NEC staff report at its Sept. 15 meeting and the Amendment was sent to the Minister of Natural Resources on Sept. 19, 2011.
This application by the Bruce Trail Conservancy proposes to redesignate the north-easterly, shoreline portion of the 26.2 ha (68.2 ac) lot from the Escarpment Recreation Area designation to the Escarpment Natural Area designation.
The subject property is located to the south of the cottage community/Minor Urban Centre of Dyer's Bay. The property is in a natural, predominantly wooded state. The Escarpment cliff rises just back from the shoreline. The lands below the Escarpment along the north half of the property's shoreline is designated Escarpment Recreation Area. The remainder of the lands along the shoreline and the lands above the Escarpment (the majority of the property) are designated Escarpment Natural Area.
The property has been purchased by the Bruce Trail Conservancy (BTC), for trail and conservation purposes. As the BTC has acquired the lot for conservation, not development purposes, it wishes to redesignate the Escarpment Recreation Area portion of the lot to Escarpment Natural Area, to better reflect the environmentally sensitive nature of the shoreline portion of the lot, which is not conducive to development.
PP 190 10 Graham Bros. Aggregates Limited
The proposed Amendment is currently under consideration of the Minister of Natural Resources.
To amend the Niagara Escarpment Plan (NEP) to provide for a site-specific exception to the permitted uses of the Mineral Resource Extraction Area (MREA) designation to provide relief from the accessory use provisions of the designation to allow the processing of aggregate as part of an integrated operation occurring on two separate, but nearby sites that are owned and operated by the proponent and licensed under the Aggregate Resources Act in the Town of Caledon, Region of Peel.
The proponent is seeking the exception to allow Graham Bros. Aggregates Limited (Graham Bros.) to maintain a central processing facility on its Concession 2, WHS license and also process materials from its Concession 1, WHS license (the current approvals require the phased relocation of the processing facility to Concession 1, WHS). The processing facility will remain in place for the duration of the operation, after which the lands will be finally rehabilitated.
This Amendment does not require modifications to Map 4 of the NEP. Text changes to the NEP are required.
PD 191 11 (Former Lafarge Pit Lands)
The proposed Amendment is currently under consideration of the Minister of Natural Resources.
To amend the Mineral Resource Extraction Area designation of the Niagara Escarpment Plan (NEP) on the former Lafarge Pit lands to Escarpment Natural Area and Escarpment Protection Area to reflect the surrender of the Aggregate Resources Act (ARA) license which once covered the 81.66 hectare (204.15 acre) property. The Ministry of Natural Resources (MNR) cancelled the license on December 1, 2005 after rehabilitation was deemed complete. This Amendment modifies Map 4 of the NEP with respect only to this property. There are no text changes to the NEP.
PH 192 11 Re-designation of former J.C. Duff Pit lands
The proposed Amendment is currently under consideration of the Minister of Natural Resources.
At it’s meeting of July 21, 2011, the Commission endorsed the Amendment as set out in the Final Staff Summary Report and requested that the Minister approve the Amendment pursuant to Section 10 (11) of the Niagara Escarpment Planning and Development Act (NEPDA) and the recommendations of the Staff Report. Accordingly, Amendment PH 192 11 has been sent to the Minister for final approval.
To undertake an Amendment the Niagara Escarpment Plan (NEP) to allow for a site specific change in the land use designations from Mineral Resource Extraction Area (MREA) to Escarpment Natural, Escarpment Protection and Escarpment Rural Area; as it relates to the surrender of the Aggregate Resource Act (ARA) licence on the former J.C. Duff Limited pit. To also amend the Escarpment Rural Area and Escarpment Protection Area designations on the subject property to Escarpment Natural Area, in order to reflect the natural features consistent with the appropriate NEP land use Designation Criteria and Objectives.
PB 193 11 Escarpment Recreation Area
This site-specific amendment proposes to redesignate the Escarpment Recreation Area portion of the subject 13 ha (32.2 ac) property to Escarpment Natural Area. The lot has been purchased by the Escarpment Biosphere Conservancy (EBC) for conservation and nature preserve purposes. As the EBC has acquired the lot for conservation, not development purposes, the Escarpment Natural Area designation is the appropriate designation which reflects the environmentally sensitive nature of the lot. The Escarpment bisects the lot and the portion of the lot to be redesignated is the steep slope of the Escarpment reaching down to Georgian Drive. The Bruce Trail crosses the property.