OTTAWA – The Local Planning Appeals Tribunal (LPAT) related to a proposed concrete batching plant earmarked for the Carp Road corridor got underway last Tuesday (Oct. 28).

The Local Planning Appeal Tribunal (LPAT) is an adjudicative tribunal that hears cases in relation to a range of land use matters, heritage conservation and municipal governance.

Appeals that come before LPAT are identified through policies found in the Planning Act, Aggregate Act, Heritage Act, Municipal Act, Development Charges Act and Expropriations Act. These include matters such as official plans, zoning by-laws, subdivision plans, consents and minor variances, land compensations, development charges, electoral ward boundaries, municipal finances, aggregate resources and other issues assigned by numerous Ontario statutes.

Many Carp residents living near the proposed site are concerned about what a batching plant will mean for the environment, specifically Huntley Creek, which is in close proximity to the proposed site and meanders through a good part of south West Carleton.

A group of concerned citizens organized when they first heard about the proposal and have been actively opposing the project. When City of Ottawa Council approved a zoning amendment, which was the first step in getting approval for the plan, residents stepped up their opposition (for complete coverage of the proposed concrete batching plant, click here).

A caveat Ottawa Council imposed was the plant must meet environmental approval with the provincial government. It was following the zoning amendment approval, residents decided to bring their case to LPAT.

“Many of you are aware that a group of Carp residents are appealing the city’s decision to rezone the land at 2596 Carp Rd. to allow a concrete batching plant,” resident Lynn Grabe told West Carleton Online yesterday (Oct. 31). “We are objecting to this rezoning because we believe the city was hasty in its decision and in so doing has ignored a number of municipal and provincial planning regulations as well as the welfare of its citizens.”

LPAT was formerly known as the Ontario Municipal Board (OMB). The OMB was an independent adjudicative tribunal that conducted hearings and made decisions on land use planning issues and other matters. The OMB was also Ontario’s first independent, quasi-judicial administrative tribunal.

Last Tuesday’s initial LPAT hearing was held at City Hall.

“Our legal team finalized and submitted the main issues that will be heard and ruled on by LPAT,” Grabe said.

The group’s main concerns regarding the placement of a concrete batching plant at the proposed location are:

• Significant Increase in heavy truck traffic on Carp Road;
• Significant air pollution and increase in hazardous airborne substances;
• Contamination of groundwater;
• Contamination of Huntley Creek and degradation of the surrounding area;
• Detrimental impact to homeowners who live adjacent to this site; 
• Detrimental impact to the heritage cemetery that sits directly across the street and has done so for the past 160 years;
• Existing municipal planning documents should be adhered to. Heavy industrial usage in this location is prohibited by the city’s Official Plan and does not follow the provisions of the Carp Road Corridor Community Design Plan which applies to this area.

Three parties are participating in the tribunal. Along with the concerned citizens the City of Ottawa and Cavanagh Construction each have party status.

“All of Tuesday’s proceedings concerned procedural issues in preparation for the final hearing,” Grabe said. “We are currently preparing our legal submissions which are due later this month.  We should know by the end of November when our final hearing is scheduled. At this time, we anticipate that it could be many months before the final hearing actually takes place.”

The group of residents feel LPAT will be a good forum to get the results they are looking for.

“We remain optimistic,” Grabe said. “We believe that we have a strong case and we will continue to work toward a positive outcome. To those of you who have stood with us this far thank you for your support.”

The group has set up a gofundme page to help raise money to support their legal defence. If you are interested in contributing, you can do so by clicking here.