The applicants sought leave to appeal the Director's decision to issue an Amended Environmental Compliance Approval (ECA) to an adjacent industrial facility, arguing the approval failed to consider noise and vibration impacts on their proposed residential development.
The Ontario Land Tribunal dismissed the application for leave to appeal.
The Tribunal found that the Director's decision was reasonable, as it followed Ministry guidelines and the proposed residential development was a hypothetical scenario pending zoning approval.
Furthermore, the applicants failed to establish that the Amended ECA could result in significant environmental harm, as the facility's emissions met established standards and the ECA included conditions for future reassessment if zoning changes occurred.