Brian Sulley

Galibier Materials Inc. appealed the Township of Springwater's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit the expansion of an existing aggregate pit.

The Minister of Natural Resources also referred the associated Licence Application to the Tribunal.

Objectors raised concerns regarding air quality impacts from dust and the preservation of a wildlife corridor.

The Tribunal found that the proposed Dust Management Plan and revised phasing and rehabilitation plans adequately addressed the concerns.

The Tribunal allowed the appeals, approved the planning instruments, and directed the Minister to issue the licence subject to conditions, finding the proposal consistent with the Provincial Policy Statement and in the public interest.

The applicant appealed the Township's failure to make a decision on a Zoning By-law Amendment application to permit an aggregate pit on prime agricultural land.

Prior to the hearing, the parties reached a settlement endorsing the application.

Based on uncontroverted expert evidence in land use planning and air quality, the Tribunal found the amendment consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable Official Plans.

The Tribunal allowed the appeal in part and amended the Zoning By-law to permit the extraction operation subject to a holding symbol and rehabilitation requirements.

The appellant sought variance relief to permit outdoor storage of building materials on a property zoned Prestige Employment, where such use is explicitly prohibited.

The Toronto Local Appeal Body dismissed the appeal, finding that authorizing a completely prohibited use constitutes an amendment to the zoning by-law rather than a minor variance.

The Tribunal accepted expert evidence that the proposal failed to maintain the general intent and purpose of both the Official Plan and the Zoning By-law.

The appellants appealed the Town of Caledon's refusal to amend its Official Plan and Zoning By-law to permit a hot mix asphalt plant on a portion of their property.

The Tribunal found that the proposed split land use designation, designating the eastern portion as General Industrial, conformed to the Official Plan.

The Tribunal also determined that the asphalt plant is a permitted use within the General Industrial designation.

Opposing parties argued the plant would cause adverse odour effects on a nearby food packaging facility and negatively impact the area's economic development.

The Tribunal rejected these arguments, finding the food facility was not a sensitive land use, the odour modelling was based on unrealistic maximum operating scenarios, and the plant's design met urban design policies.

The appeals were allowed and the amendments approved on an interim basis pending an Environmental Compliance Approval and site plan application.