Emily Lau

The applicant appealed the Town's refusal of a Zoning By-law Amendment and failure to make a decision on a Site Plan application to permit a permanent hot-mix asphalt plant and a future ready-mix concrete plant.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement and conforms to the County and Town Official Plans.

The Tribunal accepted expert evidence demonstrating that the plant is appropriately separated from sensitive land uses and that potential impacts related to noise, dust, odour, and traffic can be adequately mitigated.

The appeal was allowed, and the Zoning By-law Amendment and Site Plan were approved.

The Applicant sought leave to appeal the Director's decision to issue an Environmental Compliance Approval for a hot-mix asphalt plant to operate in conjunction with an existing quarry.

The Applicant argued the decision was unreasonable because the Director failed to properly consider the Statement of Environmental Values, cumulative effects, common law rights, and applicable guidelines.

The Tribunal found that the Applicant failed to demonstrate that no reasonable person could have made the decision, as the Director appropriately considered the relevant studies, policies, and mitigation measures.

The application for leave to appeal was dismissed.