Burling­ton coun­cil won’t ap­peal air­port de­ci­sion, will re­lease doc­u­ments re­lated to lit­i­ga­tion

The Hamilton Spectator - - NEWS - JOHN BKILA

Burling­ton’s city coun­cil re­cently de­cided to not pur­sue an ap­peal and ap­prove the pub­lic re­lease of in­for­ma­tion re­lated to the lit­i­ga­tion be­tween the city and Burling­ton Ex­ec­u­tive Air­port.

The de­ci­sion was made dur­ing a spe­cial coun­cil meet­ing Mon­day, June 26, ac­cord­ing to Donna Kell, man­ager of com­mu­ni­ca­tions, gov­ern­ment re­la­tions and strate­gic com­mu­ni­ca­tions at the city.

On May 24, an On­tario Court of Ap­peal judge ruled in favour of Burling­ton Ex­ec­u­tive Air­port in what was a long bat­tle with the City of Burling­ton over land­fill that was trucked into the north­east air­port over a five-year pe­riod.

Most re­cently, the lo­cal air­port ap­pealed a Su­pe­rior Court rul­ing from June 30, 2016, in favour of the city’s ef­fort to make Burling­ton air­park file a site al­ter­ation per­mit for fill dumped at the air­port from 2008-13.

Res­i­dents had con­tacted city coun­cil with con­cerns about flood­ing, drainage, blocked views, and the po­ten­tial for con­tam­i­na­tion.

A 2014 City of Burling­ton site al­ter­ation by­law reg­u­lates the plac­ing, dump­ing, cut­ting and re­moval of fill or the al­ter­ation of grades or drainage on a piece of land. Those do­ing that type of work must first sub­mit an ap­pli­ca­tion to the city for a site al­ter­ation per­mit.

The lo­cal air­port has been truck­ing in fill to raise a por­tion of its prop­erty in or­der to ex­pand.

The May 24 de­ci­sion of the pro­vin­cial ap­peals court means the City of Burling­ton has no author­ity to reg­u­late fill de­posited at the site be­tween 2008-13, said Coun. Blair Lan­caster, whose ward in­cludes the air­park.

In a state­ment re­leased by the city June 28, the city stated “this de­ci­sion does not af­fect the first de­ci­sion of the On­tario Court of Jus­tice in Novem­ber 2013 that was up­held by the Court of Ap­peal in June 2014 that de­ter­mined that the air­park is sub­ject to the city’s site al­ter­ation by­law for fill ac­tiv­ity tak­ing place on the site in re­spect of any fu­ture fill works.”

To view the pub­lic re­lease of the lit­i­ga­tion in­for­ma­tion in this case, visit www.burling­ton.ca/air­park.

Newspapers in English

Newspapers from Canada

© PressReader. All rights reserved.