Casework: Controversial Asphalt Plant in Napanee

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. It is anticipated that after the parties file their written submissions in the fall, the OLT will decide whether to grant or dismiss the proponent’s appeal.

In the meantime, while the rezoning appeal remains undecided, Ontario’s Environment Ministry has recently issued an air/noise approval under the Environmental Protection Act to the proponent in relation to the asphalt plant and aggregate quarry. On behalf of KNG, CELA has applied to the Tribunal for leave (permission) to appeal the new approval pursuant to the Environmental Bill of Rights.