Nelson Quarry issue to be on the agenda at Council this evening

By Pepper Parr

September 18th, 2023



It is going to be a long night.

The Quarry issue is before Council this evening.  There are at this point 33 delegations.

As of the drafting of this report, the City has received a total of 2343 written comments from members of the public which includes 830 written comments provided directly on the City’s Official Plan Amendment application. Notices were sent in August of 2020 to 165 addresses within 120 metres of the subject properties.

The application is now in litigation at the Ontario Land Tribunal (OLT). The next case management conference (CMC) is scheduled for October 11, 2023. As there are other approvals required under a variety of statutes the hearing regarding the City of Burlington Official Plan Amendment application will proceed as a consolidated hearing under the Ontario Land Tribunal Act.

On August 3, 2022, City of Burlington Community Planning Staff received a notice of appeal to the City of Burlington Official Plan Amendment application (505-04/20) for non-decision on the aggregate expansion application.

A similar appeal was filed with the Region of Halton on the associated Regional Official Plan Amendment application. Both applications were referred to the OLT by the end of August 2022. Originally, an OLT case management conference (CMC) was scheduled for February 23, 2023; this was subsequently postponed to June 29, 2023.

The early thinking by Nelson Aggregates was to turn the site into a public park. The community didn’t seem to go for that idea.

At the April 27, 2023, meeting of the Niagara Escarpment Commission (NEC) the Commission decided to refer NEPA PH 219 20 to the OLT and to refuse Development Permit Application (DPA) H/E/2020-2021/108. The noted DPA refusal was subsequently appealed by the applicant and will likely be consolidated with the other appeals at the OLT.

The City is actively participating in matters before the OLT; additional reporting to Council on litigative matters is anticipated before the next CMC.

Interesting bit of information on the list of the participants. Nelson Aggregate represented by 546958 Ontario Limited and Bestway TV and Appliances Limited.

That needs some looking into.

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