Ontario Construction News staff writer
Walker Aggregates Inc. has filed an appeal of non-decision after submitting an official plan and zoning bylaw amendment request to Niagara Falls in December 2021. The company plans to establish a quarry on land between Thorold Townline Road and Beechwood Road, flanking either side of Uppers Lane.
Although their application was scheduled for consideration by council later this fall, the appeal filed Aug. 14 also challenges the Region’s Official Plan amendment application related to the quarry.
Walker has also submitted applications to the Region of Niagara to amend the Regional Policy Plan, as well as to the Ministry of Natural Resources and Forestry (MNRF) for a Category 2 (Below Water Quarry) – Class A License under the Aggregate Resources Act.
“At this time, it is imperative to move the application forward to ensure that the most environmental and economical stone supply is secured and that we provide the continuity of employment for families who rely upon the construction industry across the Niagara Region,” Walker said in a statement. “After careful consideration, Walker has respectfully elected to appeal our municipal applications related to the proposed Upper’s Quarry to the Ontario Land Tribunal (OLT).
Over the past several years, Walker, the City of Niagara Falls and the Niagara Region have hosted public information sessions and received community comments for consideration for the application re-submission in May 2023, August 2023 and June 2024. The application has now completed a thorough and rigorous JART (Joint Agency Review Team) review.
“Walker has collaboratively worked with local rightsholders and stakeholders to address concerns and ensure the application meets the high environmental and scientific standards set by the MNRF,” the company said. “Local quarries are economically and environmentally better than their alternative – where stone is imported from outside of the Niagara Region. Locating quarries closer to construction sites reduces greenhouse gas emissions, traffic, and highway degradation from diesel delivery trucks. Local quarries reduce delivery costs, providing the most affordable aggregate to taxpayers and businesses, who in turn pay for local infrastructure.”
Public consultation for the proposed Upper’s Quarry began in November 2019. The applications to the City of Niagara Falls and Niagara Region were submitted in November 2021 and applications were deemed complete by December 23, 2021.
Under the Planning Act, if a decision is not made by a municipal council within 120 days of a complete application submission, the applicant can appeal to the Ontario Land Tribunal (OLT) for a hearing.
As a result of the appeal, the city will not be preparing a recommendation report or making a decision on the matter. Instead, the OLT will adjudicate the application.
City staff is now preparing an appeal package in accordance with Section 34(23) and 22 (9) of the Planning Act which includes all relevant material received to be sent to the Ontario Land Tribunal by Aug. 29.
All public comments will be forwarded to the OLT as well as the contact information of all participants to date to assist the OLT in contacting individuals that want to participate in the Hearing.
The Official Plan and Zoning By-law amendment application proposed to develop a quarry with associated processing and recycling of aggregate material, including asphalt and concrete, and a concrete or asphalt mixing plant on the lands.
More information can also be found at Home of the Proposed Upper’s Quarry | Walker Aggregates (uppersquarry.ca), https://letstalk.niagarafalls.ca/uppers-quarry and Regional Official Plan Amendments – Niagara Region, Ontario