Tomlinson wins OLT appeal for Napanee asphalt plant

The Napanee Quarry owned by Tomlinson is the proposed site of a permanent asphalt plant. Photo by Michelle Dorey Forestell/Kingstonist.

R.W. Tomlinson Limited has been successful in its appeal to amend the Town of Greater Napanee zoning bylaw which had previously prevented it from building a permanent asphalt plant at its Napanee quarry.

The 56-page-long decision, delivered by Ontario Land Tribunal (OLT) member Dale Chipman and dated December 22, 2023, allows the property to be used for a permanent asphalt plant and a ready-mix concrete plant.

Arguments for and against the project were presented on August 14, 2023, and closing submissions were received on September 22, 2023, by video hearing.

The tribunal decision orders that the appeal is allowed: that Town of Greater Napanee Bylaw No. 02-22 is amended as stated in the decision and that the site plan prepared by McIntosh Perry Consulting Engineers Ltd., dated June 29, 2023, is approved subject to the conditions provided in the decision. 

The tribunal determined that the applicable provincial, county, and town planning policies have demonstrated that the proposed permanent hot mix asphalt plant is a compatible land use and that potential impacts related to dust, odour, noise, and traffic can be minimized and mitigated if provincial and municipal requirements and best management practices are followed.

A citizens group called Keep Napanee Great had formed around a shared opposition to the idea of a hot mix asphalt plant being erected close to homes, the Town’s downtown core, and the Napanee River.

The appeal was initiated after Napanee Town Council voted unanimously to deny Tomlinson’s request for a rezoning of their property to allow for a permanent asphalt plant to be installed. The vote took place at the regular Council meeting on Tuesday, Apr. 5, 2022 (a full video of the meeting can be viewed here), and the Town declared itself an unwilling host for the project.

But it was Chipman who had the final word.

“The Tribunal finds that through the comprehensive public and agency consultation as well as voluntary consultation undertakings, the Applicant has met the
planning process obligations under the Act,” the OLT member concluded.

“Based on the evidence, findings and reasons summarized, and after due consideration for all of the arguments set forth in the opening statements and the written final statements of the Parties, the Tribunal finds that the Applicant has demonstrated that the requested ZBA (Zoning Bylaw amendment) and Site Plan application is consistent with the PPS (Provincial Policy Statement) and conforms to the Official Plans for the County of Lennox and Addington and the Town of
Greater Napanee.

“Based on the evidence, findings and reasons summarized, and after due consideration for all of the arguments set forth in the opening statements and the written final statements of the Parties, the Tribunal finds that the Applicant has demonstrated that the requested ZBA (Zoning Bylaw amendment) and Site Plan application is consistent with the PPS (Provincial Policy Statement) and conforms to the Official Plans for the County of Lennox and Addington and the Town of Greater Napanee.”

This is a developing story with local reactions and further coverage to come.

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