To Whom it May Concern, On…

June 17, 2024

ERO - 019 08364
Niagara Escarpment Commission
232 Guelph Street
Georgetown, ON L7G 4B1

Re: PROPOSED AMENDMENTS TO DEVELOPMENT PERMIT EXEMPTIONS UNDER R.R.O. 1990, REGULATION 828 FOR LANDS IN THE NIAGARA ESCARPMENT PLANNING AREA THAT IS UNDER THE AREA OF DEVELOPMENT CONTROL

To Whom it May Concern,

On behalf of the City of Hamilton, I am pleased to provide this letter as Hamilton’s submission regarding the proposed amendments to development permit exemptions under R.R.O. 1990, Regulation 828 for lands in the Niagara Escarpment Planning Area that is under the area of development control.

The City is generally supportive of the proposed amendments to development permit exemptions under R.R.O. 1990, Regulation 828 for lands in the Niagara Escarpment Planning Area under the area of development control. The City understands the intention of these amendments as they intend on streamlining the Niagara Escarpment Commission permit process for homeowners, and businesses undertaking minor developments to their properties under the development control of the Niagara Escarpment Commission.

The City has the following concerns and suggestions to be considered with the proposed development permit exemptions to ensure the preservation of the City interests listed below:

•It is recommended that criteria be applied to ensure exempted development is appropriate and meets the intent of the City’s policy/regulatory instruments.

•It is recommended that criteria be established to ensure Cultural Heritage resources are retained for exempted development as the proposed changes eliminate the City’s capacity to request an archeological assessment and limit the City’s capacity to preserve existing building heritage and heritage landscapes.

•It is recommended that criteria be established to address exemption scenarios where the subject lands have archeological potential and cultural heritage value. The proposed changes would eliminate the capacity for the City to request an archeological assessment and limit the City’s capacity to ensure cultural heritage assets and landscapes are maintained.

• The proposed changes eliminate the capacity for the City to request specialized studies or plans in accordance with the City’s policy/regulatory instruments.

• It is recommended that Natural Heritage features be identified by the Owner/Applicant. It is suggested that development less than 30.0 metres from a Natural Heritage feature require an NEC Development Permit.

• Consideration should be given to the secondary dwelling unit prohibition within the Niagara Escarpment Protected Area in Lower Stoney Creek that is not located within the Development Control Area.

• There is the potential for oversight and unintended liabilities given the applicant led process empowering the homeowner to conduct a “self-review” prior to a permit submission to the City of Hamilton. Detailed comments are provided in Appendix “A” attached to this letter with responses from various City Divisions.

We look forward to receiving the results of the consultation on the proposed amendments to development permit exemptions under R.R.O. 1990, Regulation 828 for lands in the Niagara Escarpment Planning Area that are under the area of development control. City staff would be pleased to meet with and discuss these comments in greater detail.

Sincerely,

Shannon McKie
Acting Director, Development Planning
Planning and Economic Development Department City of Hamilton

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