OMB/LPAT/ERT/OLT decisions and outcomes

 Erin/Halton Crushed Stone LTD

In 2018, Halton Crushed Stone Ltd. applied to the Ministry of Natural Resources and Forestry (MNRF) for a
Class A, Category 3 licence under the Aggregate Resources Act (ARA). The MNRF then referred the application
to the Local Planning Appeals Tribunal (LPAT) and requested a hearing to resolve issues brought forward by
several objectors (OMB decision).

Residents of the surrounding area had been urging town council to oppose the plan altogether based on key
issues such as the impact of noise, water run-off, dust, traffic and visual appearance. Additional concerns about
whether the proposed project would have effects on the environment, the nearby communities, ground and
surface water resources, or agricultural resources were also raised by those who strongly opposed the project.
Originally, there were 13 objections to the ARA application, including the MNRF, the Town of Erin, Wellington
County, the Credit Valley Conservation Authority, four review agencies and nine landowners (J. Shuttleworth).
It should be noted that several objections were withdrawn through the review process on the basis of
agreement between themselves and HCS, who met with many of the objectors before and after the October
2019 hearing to try to reach a solution (OMB decision).

During the hearing process, HCS offered to make the setback 60 metres rather than 30 metres as initially
proposed (P. Gravelle). Other compromises included the continued use of existing haul routes, a promise
to limit the duration that aggregate extraction is occurring nearest the village to two years, and a plan to
progressively rehabilitate the expansion lands to be returned to agriculture after the aggregate extraction is
complete (OMB decision).

Technical reports and plans in support of the proposed licence presented at the Tribunal reinforced the
proposal, including a noise impact study, a transportation brief, a dust management plan, a hydrogeological
study, and a visual impact review (OMB decision). In July 2020, the Tribunal ruled in favour of HCS’s proposal
to expand its Erin pit, allowing the company to extract a total area of over 50 hectares on the 10th line in the
Village of Erin.

In their final decision, the LPAT found that concerns raised by the remaining objectors were not backed by
evidence and that the expanded pit meets provincial regulations when it comes to key issues such as noise,
traffic safety, dust, setbacks, and protecting water supply and quality (J. Shuttleworth).
“Although sincerely held, the concerns raised by the remaining objectors were not supported by objective
evidence and/or independent experts and amount to mere apprehensions of concern. As a result, the
objectors have not successfully demonstrated that approval of the extension will result in unacceptable
adverse impacts in terms of noise, traffic safety, dust or water quantity or quality” (OMB decision).
OMB/LPAT/ERT/OLT decisions and outcomes

Links:
• https://www.guelphtoday.com/wellington-county/lpat-ruling-allows-erin-gravel-pit-expansion-2569173
• https://www.orangeville.com/news-story/8154427-meeting-on-erin-gravel-pit-expansion/
• https://www.wellingtonadvertiser.com/lpat-approves-halton-crushed-stone-expansion/
• https://www.wellingtonadvertiser.com/residents-appeal-for-300m-gravel-pit-setback/
• https://www.omb.gov.on.ca/e-decisions/mm190008-Jul-02-2020.pdf