Mountain View County's Subdivision and Development Appeal Board has rejected an appeal by a company that has proposed opening a gravel pit west of Sundre, say officials.
On June 17 the board turned down the appeal of an earlier Municipal Planning Commission (MPC) ruling denying a development permit application for the project, which would have seen West Can Seal Coating Inc. start up a 150-acre operation one kilometre south of Highway 584.
The appeal board must release a written decision within 15 days of the appeal being rejected. The written decision had not been released at press time Friday.
Until the written decision is released, the board will not be divulging the reasons for its decision, said MVC reeve and appeal board member Bruce Beattie.
“The appeal has been heard and the decision is that the appeal is denied,” said Beattie. “At this point all I can say is that the appeal was denied.
“We have to make sure we have all the i's dotted and the t's crossed before we can release the written reasons. The bottom line is the appeal has been denied.”
West Can vice-president Matthew Arnill told the Gazette the company will wait for the written decision before making any official comment.
“I need to see what the letter says,” said Arnill.
The appeal board ruling came 10 days after the board held a public hearing to consider the appeal and accept submissions for and against the project.
During the June 7 hearing, Arnill said the company believes the development permit application meets all county requirements and that the company has and will take into account public concerns.
A number of letters of objection to the project were submitted to the appeal board. Objections included concerns about noise, water use, traffic and dust.
The MPC said no to West Can's development permit application for the proposed gravel pit and related operation on May 2, citing two principal reasons:
• “The application will affect the use and enjoyment of neighbouring properties.”
• “The application does not meet the goals and directions of the South McDougal Flats Area Structure Plan requiring the addressing of impacts and public response.”
Murray Griffin, who has property near the proposed gravel pit, says he is very pleased the appeal has been rejected.
“It's good news because of the fact that people in this community have put so much into their land,” said Griffin. “People have paid high prices for their land out here and built beautiful homes. I feel happy for the community for doing such a good job staying the course.
“The 200 residents who live in this area support Sundre. These are the people who support the community. I thank the people of the community. I appreciate the MPC's decision in the first place and the appeal board's decision in rejecting the appeal.”
West Can could apply with the MPC for another development permit, but only six months or longer after the written decision is released.
West Can could appeal the appeal board's ruling to the provincial court.
“The court would only be able to send a directive to the subdivision and development appeal board to hear the application again. The court can't say you must allow or not allow,” said Beattie.
There are fees in place for both permit applications and appeals.
“That is refundable if the appeal is successful and not refundable if the appeal is denied,” he said.
"I need to see what the letter says."Matthew Arnill
