The appellants appealed a Divisional Court decision upholding the Ontario Municipal Board's dismissal of their objections to a sand pit licence granted to the respondent.
The appellants argued the OMB erred in its interpretation of the local zoning by-law, its conformity with the upper-tier municipality's official plan, and its regard for the Provincial Policy Statement.
The Court of Appeal dismissed the appeal, finding that under the Planning Act, the unamended by-law remained in force and permitted the sand pit operation, and that the OMB properly considered all required planning issues and evidence.
