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.
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“Fielding said he suspects the gravel pit operator will comply with the injunction. “They’d be crazy to continue,” he said.
Now why would he say that?”
Because it is true! The owner of the gravel pit is not stupid, in fact I think he is very smart. I suspect this is what he wanted. Opening the gravel pit was merely testing the waters pushing the municipality into action.
I wonder what Simpson’s mayor means by “finally put an end to this”?? Is it okay to put gravel pits in residential areas against the wishes of the community? This is not a Peachland issue, it is much bigger than that. But I don’t think Simpson’s character were into global thinking!!!!
PS The area was zoned ‘Light Industrial” because that was the original plan, unfortunately the zoning is so broad in can at a stretch include a gravel pit. This is not the fault of stupid planning, it is the fault of vague zoning regulations! It is a pity we cannot think about solutions that would be a win win for everyone, instead of playing the blame game!
I agree with you, the owner is smart and probably pushed the issue to get this resolved instead of having it tied up forever with laywers spinning their wheels talking about things.
Zoning is zoning and although broad in nature, it is what it is, remember Turner park is zoned institutional and an institution of some sort can be plunked right in the middle of resedential as well and would say much more resedential than where the gravel pit is.
This is a Peachland issue, a bylaw put in place with the intent on stopping a gravel pit, end of story. As far as where it should be, where do you suggest it go, a few hundred meters up the hill so it is outside our boundries with the same truck traffic and absolutly no say on anything at all.
Simpsons mayor might not have been into global thinking but that doesn’t mean a thing to me.
I think this is a great thing, having someone questioning a bylaw in the courts to get a fair answer.
Pushing the issue to make the courts analyze the two sides to get results is the smartest thing to do.
I agree, this will finally put an end to this.
“Fielding said he suspects the gravel pit operator will comply with the injunction. “They’d be crazy to continue,” he said.”
Now why would he say that?
I suspect because if they do continue, they’re going against a court order.