Freymond Lumber - Approval to amend a municipality’s official plan

Instrument type: Approval to amend a municipality’s official plan

ERO number
019-0441
Ministry reference number
12-OP-175106
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
August 19, 2019 - September 18, 2019 (30 days) Closed
Last updated

This consultation was open from:
August 19, 2019
to September 18, 2019

Decision summary

Official Plan Amendment #18 (OPA 18) to the County of Hastings Official Plan was approved on November 1, 2019. Notice of this decision was issued on November 5, 2019. The last date of appeal under the Planning Act is November 25, 2019.

Location details

Site address

2287 Bay Lake Road
Township of Faraday, ON
K0L 1C0
Canada

Site location details

Part of Lots 51 and 52, Concession WHR, Township of Faraday

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

Freymond Lumber
2287 Bay Lake Road
Bancroft, ON
K0L 1C0
Canada

Decision details

Decision of instrument

The subject lands are approximately 128 ha (316.3 acres) in area with frontage onto Bay Lake Road and a small portion of frontage onto Highway No. 62. Approximately 33.3 ha (82.3 acres) of the subject lands are proposed to be licensed under the Aggregate Resources Act. Proposed Official Plan Amendment 18 would re-designate/rezone the 33.3 ha of lands proposed to be licensed. There is a Class B sand and gravel pit on the subject lands immediately north of the proposed quarry and a lumber mill to the south east of the quarry also located on the subject lands. The remainder of the lands are generally forested.

Hastings County Official Plan Amendment #18 (OPA 18) amends the County of Hastings Official Plan (OP) by re-designating the subject lands from “Rural” to “Extractive (Active)” in order to permit a quarry on the subject lands. The subject lands are described as Part of Lots 51 and 52, Concession W.H.R., and municipally known as 2287 Bay Lake Road, Township of Faraday).

Official Plan Amendment #18 (OPA 18) to the County of Hastings Official Plan was approved on November 1, 2019. The last date of appeal under the Planning Act is November 25, 2019.

Comments received

Through the registry

13

By email

54

By mail

0
View comments submitted through the registry

Effects of consultation

The comments received from the public can be broken down into the following categories:

  • Economic Impact
  • Effects on local groundwater
  • Effects on property values
  • Environmental concerns related to asphalt storage>
  • Public health and safety concerns due to:
    • Increased truck traffic
    • “flyrock”
    • Radon gas
  • Effects on municipal roads from truck traffic
  • Lack of due diligence and information given to local cottagers
  • Studies provided by opponents were not given due consideration
  • Effects on local wildlife
  • Disruption to nearby cemetery

All comments were reviewed and taken into consideration. Studies submitted both in support and in opposition were reviewed by provincial ministries including the Ministry of Municipal Affairs and Housing, the Ministry of Natural Resources and Forestry, the Ministry of the Environment, Conservation and Parks, the Ministry of Tourism, Culture and Sport and the Ministry of Energy, Northern Development and Mines. In the end, the comments received did not have an effect on the Ministry’s decision.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Municipal Services Office- Eastern Region
Address

8 Estate Lane
Rockwood House
Kingston, ON
K7M 9A8
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from November 6, 2019 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.

There is an additional “leave to appeal” right under the Environmental Bill of Rights.

Who can appeal

A notice of appeal can be submitted by:

  • individuals
  • corporations
  • public bodies

A notice of appeal can’t be submitted by:

  • an unincorporated association
  • an unincorporated group

You can, however, submit a notice of appeal as a member of the unincorporated association or group.

You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).

Notice of appeal

Your notice of appeal must include:

  • the specific part, or parts of the official plan amendment that you wish to appeal
  • the reasons for your appeal
  • the appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario

Note: appeal fees and options for reductions are outlined in the Local Planning Appeal Tribunal’s fee chart.

Mail your notice of appeal

Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.

Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3


Issuing authority
Michael Elms
Manager

Eastern Municipal Services Office
Rockwood House, 8 Estate Lane
Kingston, ON
K7M 9A8
Canada

613-545-2100

Proponent(s)

Freymond Lumber
2287 Bay Lake Road
Bancroft, ON
K0L 1C0
Canada


Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5


Include the following:

ERO number
019-0441
Ministry reference number
12-OP-175106

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-0441
Ministry reference number
12-OP-175106
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

August 19, 2019 - September 18, 2019 (30 days)

Proposal details

Description of instrument

Site Details

The subject lands are approximately 128 ha (316.3 acres) in area with frontage onto Bay Lake Road and a small portion of frontage onto Highway No. 62. Approximately 33.3 ha (82.3 acres) of the subject lands are proposed to be licensed under the Aggregate Resources Act. Proposed Official Plan Amendment 18 would re-designate/rezone the 33.3 ha of lands proposed to be licensed. There is a Class B sand and gravel pit on the subject lands immediately north of the proposed quarry and a lumber mill to the south east of the quarry also located on the subject lands. The remainder of the lands are generally forested.

Local Planning Appeals Tribunal (LPAT) Matters

Both the Aggregate Resources Act application and the Township of Faraday zoning by-law amendment are currently before the under Tribunal File Number PL190061

Other information

If you have any questions, or would like to submit comments, please do so either online (below), by letter or phone to the contact person listed. Please submit your comment during the 30-day public consultation period and reference the Environmental Registry Number 019-0441.

Your personal information may be used in the decision-making process on this proposal and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario ministries for use in the decision-making process. Questions about this collection should be directed to the contact listed.

Any of the following may, not later than 20 days after the day that the giving of notice of a decision on the proposed official plan amendment, appeal all or part of the decision of the approval authority to the Local Planning Appeals Tribunal (LPAT) by filing a notice with the approval authority:

  1. A person or public body who, before the official plan amendment was adopted, made oral submissions at a public meeting or written submissions to the council;
  2. The Minister; and
  3. the person who made the request for the official plan amendment

If you wish to be notified of the decision of the Minister in respect of the proposed official plan amendment, you must make a written request to the ministry contact at the address identified below.

During the public consultation period, the government contact may also be reached at 1-800-267-9438 Canada wide, 8:30 AM to 4:45 PM EST, Monday to Friday).

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Municipal Services Office- Eastern Region
Address

8 Estate Lane
Rockwood House
Kingston, ON
K7M 9A8
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 19, 2019
to September 18, 2019

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