Ontario Superior Court rules in favour of City of Burlington: Burlington Airpark Inc. ordered to comply with site alteration bylaw 64-2014

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Media Release from the City of Burlington

Burlington, Ont. – June, 30, 2016 — 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 City of Burlington is delighted in the decision of the court,” 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 August 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.”

On Nov. 10, 2015, the City of Burlington’s application regarding Burlington Airpark Inc was heard by the Ontario Superior Court of Justice in Milton. 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.

Background

The Burlington Executive Airpark was given 30 days, from March 20, 2015, to comply with the city’s site alteration bylaw 64-2014 after months of discussion between officials at the city and the Airpark failed to produce the required application.

The City of Burlington site alteration bylaw 64-2014 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. has not submitted an application for a site alteration permit for the entire area of the Airpark property where substantial quantities of fill were deposited between 2008 to 2013.

For more information about the city and the Burlington Executive Airpark, visit www.burlington.ca/airpark.

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Media contact:

Nancy Shea-Nicol, City Solicitor

Cell: 905-407-9355

email: nancy.shea-nicol@burlington.ca

James Ridge, City Manager

Office: 905-335-7600

email: james.ridge@burlington.ca

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