Baden, ON - In April 2022, the Zone Change application for the Hallman Pit was denied by Township Council. Background information on the Hallman Pit application can be found on our website. The process for appeal was filed by Jackson Harvest Farms in May 2022. This is a legal procedure that puts the matter in the hands of the Ontario Land Tribunal to decide. Any time a municipality goes before the Ontario Land Tribunal (OLT) it can be costly to taxpayers.
As noted in the staff reports, the application was subject to review by the Region, Township staff, and the Grand River Conservation Authority (GRCA) and was noted to meet the technical requirements for Zone Change applications. After receiving legal advice, it was decided by Council for the Township that, rather than undergoing a costly appeal process with a questionable outcome, the best option for the Township would be to resolve the appeal on as favourable terms as possible. We note that the Region of Waterloo independently reached the same conclusion and is a signatory, along with the Township, to the Minutes of Settlement.
Discussions on legal matters are held in closed meetings as is allowed under Ontario’s Municipal Act. As discussions held by Council in-camera are confidential, we cannot comment further on those discussions. The Township must follow the rules set out in the Municipal Act, including requirements around accountability and transparency for meetings. We take this responsibility seriously.
The proposed settlement agreement will be formally heard by the OLT. It is our understanding that party status has been given to members of Citizens for Safe Groundwater (CSGW). As such, the appeal process through the OLT will consider them in the final decision. CSGW now has an avenue to directly address their concerns with the decision-making authority in this appeal. Over the two-year application review process, the public provided a great deal of feedback related to the application and this input is taken into consideration during the appeal process.
Aggregate mines and gravel pits are divisive issues in many communities. We recognize not everyone will welcome this proposed settlement agreement. The OLT will make a final decision on this matter. Township meetings are intended to address general business in the control of the municipality. As the Township is not the deciding authority in the procedure, it is not appropriate for the Township to address this topic further as it will not affect the outcome. The appropriate level of participation is with the OLT and as such further comments should be directed to that process through the OLT. Concerned community members may wish to provide written correspondence to Council; however, this matter has no further jurisdiction with Township Council.
Media contact:
Corporate Communications | Office of the Chief Administrative Officer
Township of Wilmot | 519-634-8444 | communications@wilmot.ca
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