Tomlinson appeals Napanee’s refusal to amend bylaw for asphalt plant

This image shows the Tomlinson quarry property outlined in blue dashed lines, the area Tomlinson wanted to be rezoned highlighted in red, and the approximate location of asphalt plant shown by a blue star. Screen captured image from a report by Land Use Planner Mark Touw of IBI Group Planning, on behalf of the town.

The Town of Greater Napanee has received a Notice of Appeal from Gowling WLG on behalf of R.W. Tomlinson Ltd. pursuant to Section 34(11) of the Planning Act in response to the Town’s refusal to amend Zoning By-Law #02-22 to permit a permanent asphalt plant and concrete batching plant at 8205 County Road 2.

The following details were provided in a release from the Town:

What a Notice of Appeal Under the Planning Act Entails:

The Planning Act provides for an applicant’s ability to appeal a municipal decision refusing an application. Appeals are forwarded to the Ontario Land Tribunal (OLT) to make a final decision on the matter in accordance with governing legislation. The decision of the OLT may maintain, amend or overturn the decision of the municipality pending the outcome of any proceedings before the Tribunal.

The OLT will hold a hearing where the applicant and the municipality will defend their position on the matter before the Tribunal. Legal counsel for both the applicant and the municipality take a lead role in such proceedings along with expert witnesses that will be involved to make statements regarding the technical nature of the application.

What’s to Come:

Within the following weeks, the Town will be compiling the record associated with the application and forwarding it on to the Tribunal in accordance with applicable legislation. It is anticipated that approximately 8 to 12 months will pass before the municipality will be notified by the OLT of any scheduled proceedings. Following formal proceedings, the Tribunal’s final decision may not be made until several months following the conclusion of any proceedings.

According to the release, Council will update residents as the situation unfolds and will explain the process as it develops and as timelines get more defined.

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