Canadian Environmental Law Association representing group in upcoming hearing
Keep Napanee Great (KNG), a non-profit resident advocacy group, is seeking to participate in the upcoming tribunal hearing on the proposed development of an asphalt plant in Napanee.
According to KNG, Ottawa-based construction firm R.W. Tomlinson Limited requested that the town council rezone a portion of its quarry property to permit the construction and operation of a permanent hot mix asphalt plant about 1.5 kilometres from the downtown core of Napanee. The proposed asphalt plant aims to operate around the clock, producing an average of about 500 tons of asphalt per day.
In April 2022, the town council voted unanimously to deny the rezoning application. The group said the application was in the “best interests of the community” for the following reasons: (1) it does not adequately protect drinking water sources and groundwater; (2) it may result in unacceptable adverse impacts on nearby residents due to dust, odour, traffic, and noise emissions; and (3) it is generally not compatible with the existing uses in the area.
The company then appealed the council decision with the Ontario Land Tribunal under the Planning Act.
With this, KNG tapped the Canadian Environmental Law Association (CELA) to assist the group in the upcoming tribunal hearing. On behalf of KNG, lawyers from CELA requested the tribunal to allow KNG to take part in the appeal proceedings. The tribunal has yet to rule on the request.
“Our group has participated extensively in the land use planning process for this proposal because serious concerns remain about the plant’s potential negative impacts upon air and water quality and the residents’ health and safety,” said KNG vice-president Vicki Stewart. “We are thrilled to have CELA’s expertise in helping us address our concerns at the tribunal hearing.”