Shawn Trimper

The appellants appealed the municipality's failure to make a decision on a Zoning By-law Amendment application to permit a new single detached dwelling within 500 metres of a former waste disposal site.

The municipality did not call evidence at the hearing.

Based on uncontroverted expert planning and hydrogeological evidence, the Tribunal found no risk of contamination to the subject property.

The Tribunal allowed the appeal, finding the proposed amendment consistent with the Provincial Planning Statement and in conformity with the applicable official plans.

The appellants appealed the Director's decision to issue a Certificate of Property Use (CPU) for a former industrial property in Guelph, arguing that the CPU failed to adequately address the risk of contaminated groundwater migrating offsite to their adjacent properties.

The Tribunal found that while there was a risk of contaminant migration to one of the adjacent properties (10 Kingsmill), there was no risk of migration to the other (490 York).

The Tribunal held that the CPU's groundwater monitoring program and contingency requirements provided sufficient safeguards to address the potential for adverse effects, and that implementing physical barriers would be premature and potentially harmful given the complex fractured bedrock environment.

The Tribunal ordered minor amendments to the CPU to reclassify two monitoring wells as downgradient and to require the City to provide advance notice of groundwater sampling to the adjacent property owners, but otherwise confirmed the CPU.