Another Air Park appeal to be heard late in March, 2017

News 100 redBy Pepper Parr

October 23, 2016

BURLINGTON, ON

Here we go again.

The Burlington Air Park appeal of a Superior Court decision handed down June 30, 2016 that found in favour of the City of Burlington is scheduled to be heard by the Ontario Court of Appeal on March 28, 2017 at Osgoode Hall, in Toronto.

Air Park dump truck

Truck load after truck load was dumped on the air park property without site plan approval. What will the Appeal Court have to say and will that be the end of this story?

On June 30, 2016, the Ontario Superior Court of Justice ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with the city’s bylaw. With the court ruling, the Airpark was required to file an application for a site alteration permit for the fill deposited between 2008 and 2013 before Aug. 31, 2016 and was also ordered to pay the city’s court costs.

The Air Park has submitted a site plan that has yet to be approved.

The Ministry of environment has to decide if this kind of lanfil dumping is permitted under the provinces rules. They also have to decide if the consultants the city hired to advise on what was done by the Air Park have got the story right. The Air Park, understanably, does not agree with the city's consultant.

Dumped on the land illegally the neighbour wonders if the landfill will ever be removed.

The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.

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