Ian Hutcheson

The Township of Adelaide Metcalfe applied for leave to appeal the MECP Director's decision to issue an Environmental Compliance Approval for stormwater management works at a proposed fertilizer storage facility.

The Township raised concerns about the risk of spontaneous combustion of fertilizer pellets and the potential for fire-fighting water run-off to overflow the stormwater ponds and contaminate the local watershed.

The Tribunal found that the Township had standing to appeal but failed to satisfy the two-part test for leave under section 41 of the Environmental Bill of Rights.

The Tribunal accepted expert evidence that the stormwater ponds were appropriately sized to contain worst-case storm events and fire-fighting run-off, and that the decision was reasonable and would not result in significant environmental harm.

The application for leave to appeal was dismissed.

The appellant appealed the Township's failure to make a decision on applications for Site Plan Approval and the removal of a Holding Provision to permit the construction of a large-scale outdoor storage facility for biosolid fertilizer pellets.

The Township opposed the applications, citing concerns regarding stormwater run-off, fire hazards, odour, and dust.

The Tribunal allowed the appeals in part, finding that the appellant's engineered design and extensive modelling adequately addressed the Township's speculative concerns.

The Tribunal approved the site plan subject to the parties entering into a site plan agreement, after which the holding provision would be lifted.