The Ontario Superior Court of Justice has ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with site alteration bylaw 64-2014. With the court ruling, Burlington Airpark Inc is now required to file an application for a site alteration permit for the fill deposited between 2008-2013. The Airpark had argued that municipal jurisdiction did not apply as air transport falls under federal control.
Said Nancy Shea-Nicol, the city’s director of legal services and city solicitor, “Staff will be meeting with Council to provide them the next steps going forward to address the site alteration issues. The Court has ordered the Airpark has until Aug. 31, 2016 to file its application with the city for site alteration permit. The Court has also ordered the Airpark to pay the city’s court costs.”
The case was heard in Milton court last November. The application asked the court to compel Burlington Airpark Inc. to remove all fill deposited at Burlington Executive Airpark between Jan. 1, 2008 and Aug. 2, 2013, not including existing runways and hangars, in contravention of the city’s site alteration bylaw, or submit an application for a site alteration permit to comply with site alteration bylaw 64-2014.
The city issued an order to comply with the bylaw last March after negotiations between the city and the Airpark broke down. The bylaw that is currently on the books regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals undertaking this type of work are first required to submit an application to the city for a site alteration permit. The Burlington Airpark Inc. had not submitted an application for a site alteration permit quantities of fill were deposited between 2008 to 2013.