Direct extract from this development industry newsletter
In a November 26 decision, board member Susan de Avellar Schiller allowed an appeal, in part, by Citizens Against the
Melville Pit of the Town of Caledon’s approval of applications for offi cial plan and zoning by-law amendments by Olympia
Sand and Gravel to allow a gravel pit at Lot 27 and 28, Concession 2 WHS. Olympia also sought a license to remove
aggregate under the Aggregate Resources Act which Caledon opposed primarily to ensure certain conditions were met.
Olympia and Caledon settled their issues regarding the license.
Planner Debra Kakaria (MHBC) provided evidence on behalf of Olympia, testifying that the planning instruments
are consistent with the Provincial Policy Statement, Greenbelt Plan, and official plans of Peel Region and the Town of Caledon.
Planner Anthony Usher (Anthony Usher Planning Consultant) provided evidence on behalf of the citizen’s group, testifying that
he had no objection to the proposed license or official plan and zoning by-law amendments subject to there being no aggregate
washing that takes water from the site unless a permit to take water was issued by the Ministry of Environment and Climate
Change. This reflected the citizen’s group’s overarching concerns about an adequate supply of water to support accessory aggregate
washing without significant negative impacts. The board agreed and modified the operational site plan to reflect this condition.
The board accepted the evidence provided by Kakaria and Usher, allowing the official plan and zoning by-law amendments
and directing the Minister of Natural Resources and Forestry to issue a license to remove aggregates. The board also allowed the
appeal by the citizen group, in part, and ordered a condition be included in the operation site plan.
Solicitors involved in this decision were David White (Davies Ward Phillips & Vineberg LLP) representing Olympia Sand and
Gravel Ltd., Eric Gillespie and Priyanka Vittal (Eric Gillespie K. Professional Corporation) representing Citizens Against the Melville
Pit Inc. and Christopher Williams (Aird & Berlis LLP) and Judy Bang representing the Town of Caledon. (See OMB Case No. PL140079.)