Brian Zeman

The Minister of Natural Resources and Forestry proposed to transfer two aggregate licences from the appellant to the respondent landowner after their extraction agreement expired.

The appellant objected, seeking $518,000 in compensation for the economic value of the licences, and the matter was referred to the Ontario Land Tribunal.

The Tribunal found that while an aggregate licence has economic value tied to the remaining resource, the Tribunal does not have the jurisdiction to direct financial compensation as a condition of a licence transfer under s. 18(8) of the Aggregate Resources Act.

The Tribunal held that resolving contractual disputes and claims for economic loss between a landowner and a licence holder is outside its mandate.

The Tribunal directed the Minister to carry out the transfer of the licences to the respondent.

The Tribunal held a written hearing to consider a settlement reached between the Applicant and the Appellant regarding a zoning by-law amendment and an Aggregate Resources Act licence for the expansion of the Childs Pit/Quarry operation.

Based on uncontroverted expert land use planning evidence, the Tribunal found the proposed extension had appropriate regard for provincial interests and minimized potential impacts on sensitive land uses.

The Tribunal approved the zoning by-law amendment and directed the Minister of Natural Resources and Forestry to issue the requested quarry licence.

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 appealed the City of Kingston's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and an Aggregate Resources Act license to permit the expansion of an existing quarry.

Prior to the hearing, the parties reached a comprehensive settlement.

Based on the uncontroverted expert land use planning evidence, the Tribunal found the proposed expansion was consistent with the Provincial Policy Statement, conformed to the City's Official Plan, and had appropriate regard for provincial interests.

The Tribunal allowed the appeal in part, approving the amendments and directing the issuance of the license in accordance with the minutes of settlement.

The appellant appealed the County of Norfolk's approval of a Zoning By-law Amendment and the referral of an Aggregate Resources Act licence application for a proposed sand and gravel pit.

The appellant raised concerns regarding noise, dust, and truck traffic impacts on his adjacent residential property.

The Tribunal accepted the uncontroverted expert planning evidence that the applications met all provincial and municipal planning requirements, and that the proposed mitigation measures, including an enhanced berm and tree screening, would adequately address the appellant's concerns.

The Tribunal dismissed the appeal, upheld the Zoning By-law Amendment, and directed the Minister of Natural Resources and Forestry to issue the aggregate licence.

The applicant appealed the Township of Tiny's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment, and referred an application for a Class A licence under the Aggregate Resources Act, to permit the expansion of an existing gravel pit.

The parties reached a settlement reducing the extraction area and implementing mitigation measures.

Based on uncontested expert planning evidence, the Tribunal found the applications were consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and had regard to the required matters under the Aggregate Resources Act.

The appeals were allowed, the planning instruments were approved, and the Minister was directed to issue the licence.

The applicant sought official plan and zoning by-law amendments, as well as an aggregate license, to permit the expansion of an existing quarry.

The municipality and local residents opposed the expansion, raising concerns about noise, air quality, blasting (specifically flyrock), traffic safety, and social impacts.

The Tribunal evaluated expert evidence and found that the proposed expansion, with its integrated mitigation and monitoring measures, would not result in unacceptable adverse impacts.

The Tribunal rejected the objectors' request for a fixed flyrock exclusion zone and found the applicant's proposed traffic safety protocols sufficient.

The appeals were allowed and the amendments and license were approved in principle.

The proponent sought approval for various instruments and undertakings required for the extension of the Acton Quarry.

Following extensive review and consultation, the public agencies and the proponent reached an agreement on modifications and conditions to protect natural heritage and water resources.

The Board reviewed the planning instruments, including official plan amendments, zoning by-laws, and the aggregate extraction licence, finding them consistent with the Provincial Policy Statement and in conformity with the Greenbelt Plan and Niagara Escarpment Plan.

The undertakings were approved.