LPAT PRE-HEARING HAS A FEW SURPRISES

The Local Planning Appeal Tribunal (LPAT) began five minutes late yesterday morning in Woolwich Council Chambers. As the LPAT representative entered the room a voice rang out "All rise!" We all did automatically. Approaching my 70th birthday I asked myself why.

Discussion around who had party status began. Eric Davis is representing five citizens, four from Conestogo and one from Winterbourne. They are three men and two women. Their major issues are Visual Impact, Noise, Air & Water Quality, and lastly Cultural Heritage. They want to have party status because to date the Township of Woolwich have not made a commitment as to whether or not they are opposed to the appeal to LPAT by Preston Sand & Gravel (PSG). The appeal is in regards to Woolwich Township's non-decision to date as to whether or not they will agree to lift the current holding provision on the Jigs Hollow Gravel Pit located between Winterbourne and Conestogo, along the Grand River. The holding provision states that PSG, operators of the gravel pit, can not excavate below the water table. The five citizens also want to be included in any settlement discussions and for that they need to have party status.

Jeff Wilker is the lawyer representing Preston Sand & Gravel. PSG, the operator, would like party status along with Kuntz Sand & Gravel who still own the property. They are appealing Woolwich Township's non-decision regarding the holding provision because they feel that the Township have been dragging their feet excessively.Both the party status request of Eric Davic and Jeff Wilker were accepted.

Then individuals approached the tribunal asking for participant status. Six citizens, four from Conestogo and two from Winterbourne were given that status which allows them to make presentations to the panel but not to call or cross-examine witnesses, make motions or request a review of the tribunal's decision. Also participants can not be exposed to a costs award against them as members of a party can. I believe that these six participants however, plus more that can still be accepted at the next pre-hearing meeting, will only strengthen the case for the party of five represented by Eric Davis. Based on the potential for a costs award I believe that considerable praise should be given to Willian Noorish, Emily? Price, Jan Huisson, John Milloy, and Della Strobosscher.

Woolwich Township did not get out of this pre-hearing unscathed. Jeff Wilker on behalf of PSG and Kuntz S & G made it clear to the LPAT rep that the Township have been ridiculously slow, tardy and uncommunicative. It then got worse as the Township's own lawyer, Kevin Thompson, advised all parties that that the Township had failed to provide notice to 16 households who had filled in a form requesting notification and updates regarding the Jigs Hollow Pit at an earlier public meeting and the Township failed to advise them about yesterday's meeting. Hugh Wilkins, the LPAT rep, was very upset upon hearing this news from Mr. Thompson. I suspect that I may be one of the people on that list as I only found out the time and location of the meeting by a personal phone call from a friend earlier in the week.

The two outstanding peer reviews that the Township are waiting for are the Hydrogeological and the Noise reviews. Of course there are experienced and knowledgeable citizens in Woolwich Township eminently capable of providing a review, even free, to the Township but they've shown little or no interest in tapping that experience over the decades.The next pre-hearing is scheduled for Wednesday, October 2 at 10 am. in Woolwich Council Chambers.