Melanie Horton

Galibier Materials Inc. appealed the Township of Springwater's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit the expansion of an existing aggregate pit.

The Minister of Natural Resources also referred the associated Licence Application to the Tribunal.

Objectors raised concerns regarding air quality impacts from dust and the preservation of a wildlife corridor.

The Tribunal found that the proposed Dust Management Plan and revised phasing and rehabilitation plans adequately addressed the concerns.

The Tribunal allowed the appeals, approved the planning instruments, and directed the Minister to issue the licence subject to conditions, finding the proposal consistent with the Provincial Policy Statement and in the public interest.

The moving party, Friends of Ball’s Bridge & Little Lakes, brought a motion to admit new evidence in an ongoing hearing regarding a proposed gravel pit.

The new evidence included an MNR inspection report, a corrected property survey, wood turtle sighting documents, and videos of dust emissions.

The Tribunal applied the Palmer test for fresh evidence.

The Tribunal admitted the MNR report, the survey, and the wood turtle documents, finding them relevant and not obtainable before the filing deadlines.

However, the Tribunal refused to admit the dust videos, finding they could have been produced earlier and their late admission would prejudice the responding party, who had already closed its case.

The applicant appealed the Township's failure to make a decision on a Zoning By-law Amendment application to permit the expansion of an existing sand and gravel pit.

The parties reached a settlement involving a revised Zoning By-law Amendment that limits the pit extension to a load and haul operation.

Based on uncontested expert land use planning evidence, the Tribunal found the revised amendment has regard to matters of provincial interest, is consistent with the Provincial Planning Statement, and represents good planning.

The appeal was allowed in part and the revised by-law was approved.

The applicant sought a Class A licence under the Aggregate Resources Act to operate a quarry in Haldimand County.

Several area residents objected to the application, raising concerns about blasting, dust, noise, groundwater impacts, and traffic.

Prior to the hearing, the applicant and several objectors reached a settlement, resulting in revised site plan drawings that included enhanced groundwater monitoring and complaint response protocols.

Relying on the uncontroverted expert planning evidence, the Tribunal found the application consistent with the Provincial Policy Statement, in conformity with the official plan, and having appropriate regard for the statutory requirements.

The Tribunal directed the Minister to issue the licence subject to the revised site plan conditions.

The applicant sought a Category 3 - Class 'A' Licence to permit extraction of aggregate in an above water pit.

Several local residents objected, raising concerns about environmental impacts, noise, dust, and traffic safety.

The Tribunal accepted the uncontradicted expert planning evidence that the proposed pit, subject to site plan conditions and mitigation measures, meets the criteria under section 12 of the Aggregate Resources Act.

The Tribunal directed the Minister to issue the licence.