Whitehorse Daily Star

Quarry proposal cannot proceed, Judge Veale rules

Yukon Supreme Court Justice Ron Veale has ruled the proposed McLean Lake quarry can not proceed.

By Whitehorse Star on August 20, 2007

Yukon Supreme Court Justice Ron Veale has ruled the proposed McLean Lake quarry can not proceed.

The decision, handed down last week and released late this morning, states the city didn't comply with a requirement of the Official Community Plan for a detailed hydrological and hydrogeological assessment to be done for the project.

'I find that council's failure to comply with the policy requiring a detailed hydrological and hydrogeological assessment likely affected the outcome of the vote on the bylaw. As a result, there is no authorization to proceed with the McLean Lake quarry development,' Veale wrote in the 31-page decision.

Over two days earlier this month, Veale listened to arguments over the quarry proposed by Territorial Contracting's Ron Newsome.

While the McLean Lake Residents Association, which was represented by Skeeter Miller-Wright, argued the city's zoning approval and territory's land-use approval was invalid, the city and territorial government lawyers argued they had followed the proper processes.

The city had argued a table top study was done on the hydrological and hydrogeological effects, while Miller-Wright argued a more detailed assessment was required under the OCP.

Veale ruled the territory's land branch decision was supported by reasons on facts around the proposed assessment.

'On that basis, I conclude that the decision of the lands branch is reasonable, despite its somewhat simplistic approach to the concept of cumulative effects,' Veale wrote.

Despite the ruling on his arguments against the territory's approach, Miller-Wright said the residents association is pleased with Veale's decision.

'We're very happy the courts found our concerns were valid,' he said today, adding he hadn't predicted whether the decision would be in his favour.

With the bylaw on the zoning declared invalid, Miller-Wright said it will now be up to the city to decide if there should be further action taken on the matter.

Quarry proponent Ron Newsome said today he had not yet seen the decision, but would likely be looking at the hydrological and hydrogeological aspects of it.

The city and territory are also likely reviewing the decision, he suggested.

As Newsome pointed out, he thought all the work that was needed to get approval for the site had been done.

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