John Pyke

The Applicants applied for a Class B licence under the Aggregate Resources Act to operate an aggregate pit on their asparagus farm.

Several parties objected, but the objections were resolved through Minutes of Settlement prior to the hearing.

The Tribunal heard uncontroverted expert evidence in biology, hydrogeology, land use planning, and aggregate resources, confirming that the proposed pit would not adversely impact natural heritage features, groundwater, or nearby residents.

The Tribunal found the application consistent with the Provincial Policy Statement and the County Official Plan, and directed the Minister to issue the licence subject to amended site plan conditions, including turtle exclusion fencing and groundwater monitoring.

The appellant appealed the Director's decision to issue a Permit to Take Water (PTTW) to the permit holder for dewatering a limestone quarry.

The appellant argued the supporting documentation was inadequate, the terms did not safeguard public interests, and the permit holder had a history of non-compliance.

The Environmental Review Tribunal allowed the appeal in part, finding that while recent structural geology investigations and monitoring data adequately addressed hydrogeological uncertainties, the PTTW required amendments.

The Tribunal ordered reductions in the permitted water taking volume, enhanced groundwater monitoring, the implementation of water conservation measures, and the addition of specific triggers and compliance mechanisms to the contingency plan.