Keep Napanee Great (KNG), a non-profit residents’ advocacy group, was recently represented by CELA at an Ontario Land Tribunal (OLT) hearing about a proposed hot mix asphalt plant in Napanee.

In this case, the proponent R.W. Tomlinson Ltd. requested the Town of Greater Napanee to rezone some of its property to permit the siting of a permanent asphalt plant (and a permanent concrete batching plant). The Town council voted unanimously to deny the requested rezoning, citing that it “is not in the best interests of the community, does not adequately protect drinking water sources and groundwater, and may result in unacceptable adverse impacts on nearby residents due to dust, odour, traffic, and noise emissions, and is generally not compatible with the existing uses in the area.”

The company then appealed the Town’s refusal to the OLT under the Planning Act. As a hearing party, KNG presented evidence and argument in support of the Town’s refusal to grant the requested rezoning. 

CELA also represented KNG in a leave to appeal application pursuant to the Environmental Bill of Rights (EBR) to challenge the Ontario’s Environment Ministry decision to grant the proponent an Environmental Compliance Approval for air and noise for the proponent’s quarry and proposed hot mix asphalt plant. 

The OLT unfortunately denied our client’s request for leave to appeal under the EBR, and allowed the proponent’s rezoning appeal under the Planning Act. However, the OLT recently refused the proponent’s motion for costs against our client and the Town in the rezoning hearing. CELA will continue to assist our client to address potential concerns about local air pollution for people living near the site, which is located in an Urban Settlement Area in Napanee.