The Importance of Having Legal Counsel for your Aggregate Extraction Licence Aggregate (sand, gravel, stone) extraction is one of the most controversial and heavily regulated industries in Ontario. Necessary to build infrastructure in the province, it is often misunderstood and underappreciated. The industry is governed by a complicated web of legislation and policies: the Aggregate Resources Act (the “ARA”), the Ontario Water Resources Act, the Environmental Protection Act, the Endangered Species Act, the Federal Fisheries Act, the Planning Act, the Provincial Policy Statement and, in some cases, the Growth Plan. It is further subject to a complex set of rules and procedures. Licensing Approval Process An operator cannot operate a pit or quarry without first securing a licence from the Minister of Natural Resources and Forestry (the “Ministry”). The terms and conditions of the licence will depend on a number of factors, including whether the extraction is above or below the water table, whether the extraction is on private or public land and how much aggregate is proposed to be extracted. There are 15 categories of licences. The process of obtaining a licence can take years and involves a process of comprehensive consultation with the local community and, where applicable, First Nations. It generally requires the production, and peer review, of environmental, noise, traffic, dust and water reports. Applications for local planning permissions (official plan and zoning by-law amendments) are often required. It engages a number of agencies, including municipalities, the Ministry and Conservation Authorities. A crucial part of the process is the negotiation of the terms of the site plan which sets out the requirements under which the pit or quarry will operate, outline what must be done to mitigate potential adverse impacts and what must be done to rehabilitate the site once the extraction process has finished. It may also be necessary to enter into agreements with the local municipality are often required as a condition of achieving a licence or planning permission. Often an application will need to be considered by the Local Planning Appeal Tribunal, a court-like body that will hear evidence, consider objections to a licence and decide whether it should be issued. Factors which determine if a licence will be issued The general factors to be considered in issuing a licence are listed under s. 12 of the ARA. These factors, designed to protect the public interest, are broad and subject to considerable interpretation. As a result, it is important to engage a lawyer early on to help guide the application successfully through the process. As an example of a successful intervention, DSF lawyers were at the forefront of seeking amendments to the ARA to prohibit municipalities from demanding fees from aggregate operators to pay for road maintenance and repairs. This has resulted in significant cost savings for existing and future clients. The Importance of Experience DSF Lawyers in Aggregate Approvals A successful licence application requires a keen understanding of the applicable law, sound planning and solid execution. Our experienced lawyers at DSF are ready to help you. David White is a leading lawyer in the area, having had notable success in securing licences and planning approvals for a wide variety of extraction proposals, including those which faced strong municipal and local opposition. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Planning and Development LawSeptember 29, 2020April 3, 2024
Oakville Rejects Proposal to Demolish Glen Abbey Golf Course One of Ontario’s finest golf courses that has hosted 28 Canadian Opens, was on the docket at Oakville Town council on Wednesday, as ClubLink applied to have the historic golf course demolished. Oakville town council voted unanimously to reject the plan proposed by ClubLink, which was filed on Monday to make way for homes, offices and stores. ClubLink filed the application under section 34 of the Ontario Heritage Act, leaving the RayDor Estate House, Canadian Golf Hall of Fame and Museum, and the Stables untouched, the rest, demolished. The proposed plan for the development of the land involved: 141 detached homes 299 townhomes 2,782 apartments Retail space Office space Parks Open space Heritage areas Prior to the proposal going to town council, local residents expressed their concerns with what the proposed development of the golf course might do to the local area. They were concerned with the traffic levels, loss of green space, density levels, and losing a world class golf course. The application was submitted in response to the decision by the Oakville Planning and Development Council to pass a notice of intention to designate the entire property under the Ontario Heritage Act. If you need assistance navigating Ontario’s provincial policies regarding development and growth, are considering developing a piece of land, or have concerns about a development near you, Devry Smith Frank LLP’s Planning and Development Group can provide you with the guidance and support that you require. By: Nicolas Di Nardo “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Planning and Development LawSeptember 28, 2017June 18, 2020
The City of Brampton is Looking To the Future By: Nicolas Di Nardo The city of Brampton has hired a world-renowned urban planner to make the suburb of Toronto future-ready. Larry Beasley, urban planner, has been involved in the development of urban landscapes like Vancouver, Abu Dhabi, Dallas, and Moscow. Brampton is a rapidly growing suburb, and has one of the youngest demographics in the GTA. Currently, Brampton’s population of 600,000 is expected to grow to 1,000,000 in the next 20 – 25 years. This realization has caused the city to seek some direction from Beasley, by hopefully reinventing the city centre, and neighbourhood developments. A tough task for Beasley, considering Brampton has never had a master plan. There are certain things Beasley must put some focus on, as Brampton does lack: Alternative transportation infrastructure Business hubs A university A white collar market for residents to work in No “downtown” Beasley noticed all of the above, and also found that the city does not know what direction it needs to go, they lack a sense of how it needs to change, and hopefully he can guide them in the direction they want to go. This is evident through the residents’ comments about local councillors, saying “there has been a steady decline in the conduct, passion, and professionalism…people are beginning to lose hope that change is even possible.” By enlisting Beasley, change is possible, but it is up to the city to take his recommendation and vision, and implement it. The public will be heavily involved and informed through the process, with “community-wide conversation” and public outreach campaigns, which Beasley says they will “craft their dream in front of them.” Beasley is hoping to have the vision for Brampton’s future completed by May 2018. Suburbs have been through constant struggles, being in the shadow of big core cities like Toronto in the current landscape doesn’t help much either. A number of factors effect suburbs, such as soaring home prices, employment, and overall lifestyles of city inhabitants, which trends have shown more and more Canadians seeking suburb living over the hustle and bustle of the big city. This prompts a need for improvement to Toronto suburbs, and Brampton is looking to benefit greatly by improving their city for the future, to help it flourish. Being situated between Toronto and Waterloo, within Ontario’s planned innovation corridor, it is surprising that Brampton hasn’t called for improvements earlier. It’s time for Brampton to dream big and prepare themselves for a bigger, better future. If you need assistance navigating Ontario’s provincial policies regarding development and growth, are considering developing a piece of land, or have concerns about a development near you, Devry Smith Frank LLP’s Planning and Development Group can provide you with the guidance and support that you require. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Planning and Development LawJuly 4, 2017June 22, 2020
