by Dave Preston | Peachland News
August 2, 2011
A gravel pit operation that started up one week ago has been shut down temporarily and now the question of whether municipal bylaws trump provincial ministry rules will go before the courts.
Last Tuesday morning, trucks began hauling aggregate out of a pit off McDougald Road. Peachland Self Storage Ltd., the operator of the pit, has a permit from the Ministry of Energy, Mines and Petroleum Resources. However, the District of Peachland has long held that its own bylaws must be complied with, including one that limits how much material can be removed from any one property in any year.
Lawyers from the district began working last week on a court injunction to stop the operation and now that injunction has been granted, according to Mayor Keith Fielding.
“As of today’s date they have to stop production until the bylaw is reviewed,” said Fielding.
How exactly the bylaw will be reviewed and how long it will take in a court setting is unknown but Fielding said there basically be one argument from each side of the issue.
“Our lawyers will make the case to court that the bylaw is to be upheld,” said Fielding. “It will be up to the gravel pit owners to show that the bylaw contravenes their rights somehow.”
Fielding said he suspects the gravel pit operator will comply with the injunction. “They’d be crazy to continue,” he said.