Leave to appeal Environmental Compliance Approval for hot-mix asphalt plant dismissed for failing reasonableness test.
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.
OLTOntario Land TribunalNov 9, 2023
