The Niagara Escarpment Commission wants to place Dundas’s Pleasant View neighbourhood under its development control to help avoid city of Hamilton errors like the one that resulted in partial construction of a home at 10 Newman Rd.

Construction of the home was not permitted by Hamilton’s zoning bylaw, official plan and the Niagara Escarpment Plan. A city zoning examiner mistakenly used an exemption that did not apply, and the error was missed by at least 10 other staffers, including senior managers, for more than seven months.

Commission members approved staff recommendations on Sept. 19 to pursue amendment of a regulation under the Niagara Escarpment Planning and Development Act to add Pleasant View to its development control.

A staff report stated “application of Development Control over the area is warranted, as the lands are of high ecological value and are subject to very restrictive land-use policies.”

Although construction of the house at 10 Newman Rd. conflicted with special provisions for Pleasant View Survey Lands in the Niagara Escarpment Plan, there was apparently no requirement to submit such applications to the NEC.

“Having the subject land within the area of Development Control will allow staff far greater ability to review proposed development,” the NEC staff report states.

Commission staff also want to meet with city of Hamilton planning staff to achieve better implementation of the Niagara Escarpment Plan within Pleasant View.

“The (10 Newman Rd.) incident revealed that more collaboration between city and NEC staff is needed,” the staff report states.

Commission planner Jim Avram tried to alert city staff to special policies that might affect the 10 Newman Rd. proposal on Oct. 1, 2018, more than a month before zoning verification, building and planning staff approved the plan and subsequently issued a building permit.

“I believe the lands fall under the Pleasant View Survey area where the Niagara Escarpment Plan policies and the city’s Official Plan policies are quite restrictive,” Avram stated in the October email to city staff.

Nancy Mott, senior strategic adviser at the NEC, confirmed on Dec. 18 commission staff are pursuing addition of Pleasant View to the area of development control, through consultation with Ontario’s Ministry of Natural Resources and Forestry.

“As (10 Newman Rd.) is currently not within the NEC’s area of development control, the NEC does not have the authority to order the building to be demolished,” Mott said. “The city has been made aware that a residential use on a property that size conflicts with the Niagara Escarpment Plan.”

Despite revoking the incorrectly issued building permit on July 10, 2019, and subsequently denying a minor variance application to permit the partially built home on a 4.07-hectare lot where a minimum 10-hectare lot is required, the building is still standing.

Hamilton staff have declined to comment since August while apparently in settlement negotiations with 10 Newman Rd. owners, Marco Zwaan and Eva Voorberg. City council gave confidential direction to staff on Aug. 16 regarding potential litigation related to the building permit being issued in error.

Zwaan has also declined to comment so far.

In addition to the failed minor variance application, Zwaan filed a notice of appeal in civil court on July 29, 2019. No hearings have been held.

“To protect the integrity of the process currently underway, the city of Hamilton is unable to provide details of the status of the matter at this time,” said planning department spokesperson Allison Jones.