Process FAQS

• Current Approved Land Use
• Approvals Required
• Technical Studies
• Timeframe for Approvals

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Current Approved Land Use
While initiatives are underway to update the City of Hamilton Official Plan and Zoning By-law given the amalgamated City, this work is not yet completed.  This means that the current approved land use for the properties owned by St Marys Cement Group CBM is determined by the Official Plans and Zoning By-law of the former Region of Hamilton-Wentworth and former Town of Flamborough.

Currently, the Hamilton-Wentworth Region Official Plan shows the St Marys Cement Group CBM land in the Rural Area. Appendix Map No. 5 of the Region's Official Plan identifies Mineral Aggregate Areas. The property is distinguished as having identified Sand and Gravel not Stone Aggregates. Appendix Map No. 1 denotes Provincially Significant Wetlands on portions of the property. Appendix Map No. 4 denotes Environmentally Significant Areas with the lands being identified as #2 Carlisle North  Forests. Appendix Map No. 3, the Region's Greenlands Concept Map, shows the area as a Core Natural Area. The Region's Official Plan, under the two-tiered system of local government, deferred to the local municipal Official Plans for area designation and zoning but supercedes the local Plan where there is a conflict. The Plans are aligned for this area.

The former Town of Flamborough Official Plan designates the land as in the Rural Area and zones the lands Agricultural. Some portions of the land are zoned Conservation Management. Schedule J similarly identifies portions of the property as a Mineral Aggregate Area for Sand and Gravel not Stone Aggregate.

Approvals Required

There are a number of approvals required before an aggregate extraction operation would be permitted on the St Marys Cement Group CBM lands. Key approvals include:

1. Municipal Land Use Approvals

The proponent has indicated in publicly released documents and his application that amendments will be sought to:

• The former Town of Flamborough Official Plan
• The former Town of Flamborough Zoning By-law.

Land use approvals will be granted or denied by Hamilton City Council.  Council will review the application in connection with the above noted documents as well as the Hamilton-Wentworth Official Plan, the 1996/97 Provincial Policy Statement, and the Greenbelt Plan.  Other pertinent materials include the 2005 Provincial Policy Statement and the City’s Vision 2020 document. Council decisions can be appealed to the Ontario Municipal Board (OMB).  A decision of the OMB can be appealed to the Provincial Cabinet (the Premier and Ministers) under certain provisions - such as where the Minister of Municipal Affairs and Housing provides written notice to the OMB that an appeal to the Board may affect a Provincial Interest.  For appellate procedures, the Planning Act and the Strong Communities (Planning Amendment) Act should be consulted.

2. Class A Licence under the Ontario Aggregate Resources Act

The licence will be granted or denied by the Minister of Natural Resources. Issues under the Planning Act and Aggregates Act related to this matter may be referred to the Ontario Municipal Board. Where other approvals are required as well (for example, water taking permits under the Ontario Water Resources Act, approvals under the Environmental Protection Act, and any environmental assessment), these matters, along with the planning and aggregate matters, may be referred to a Consolidated Hearings Board. A decision of the Consolidated Hearings Board may be appealed to the Provincial Cabinet (the Premier and Ministers).

Technical Studies

Several technical studies must be prepared by St Marys Cement Group CBM (formerly Lowndes Holding Corp.) under the Aggregate Resources Act and in accordance with the Official Plan. The Technical Studies include:

• Aggregate quality and geology
• Agriculture
• Cultural-heritage
• Ground and surface water
• Natural environment
• Noise and blasting
• Planning and land use, and
• Traffic and truck routes.
  

These studies are required to document the existing conditions, the potential effects of the proposed development and suitable remedial measures required to mitigate effects of the development. Site plans are also required and they must include the existing features, operational plans, progressive and final rehabilitation plans and cross-sections of the property.

Timeframe for Approvals

It is not possible to say exactly when the application would be approved or denied. The timeframe for approvals will be specific to this application. The relevant laws spell out required minimum timelines for public notice, public consultation opportunities, and filings of objection among other items. Applications for other aggregate extraction operations have taken upwards of 7 years, including appellate procedures.