Appeal of decision on asphalt factory is now before tribunal
Sarah Rennie – LJI reporter
Celebrations over a recent decision by the Commission de Protection des Terres Agricoles du Québec (CPTAQ) that rejected a request to operate an asphalt plant on Covey Hill may have been premature.
Groupe Chenail Inc., which is behind the installation of the asphalt factory at the Carrieres Ducharme quarry in Havelock, filed a motion to appeal the CPTAQ’s decision with the Tribunal Administratif du Quebec (TAQ) in mid-December.
The company is demanding that the TAQ reverse the CPTAQ’s decision and authorize the operation of the asphalt factory until July 19, 2039. If this proves impossible, the company is requesting the TAQ “reverse the decision and return the file to the commission for a decision by two new commissioners.”
According to the filed motion, the Saint-Rémi-based company is contesting the CPTAQ’s ruling on twelve grounds, arguing the commission erred significantly in its decision by “basing its analysis on assumptions and fears supported by no concrete, documented facts, most of which are not covered by the Act respecting the preservation of agricultural land and agricultural activities (LPTAA).”
Groupe Chenail states the CPTAQ’s assessment of the impact of an asphalt factory on existing agricultural activities, including tourism, was flawed, as was its consideration of environmental impacts over which they argue it has no jurisdiction.
The motion suggests the CPTAQ misinterpreted the LPTAA by refusing the factory on the grounds of its discharges, which Groupe Chenail Inc. insists would fall within environmental standards and thresholds. It argues that expert reports confirming the project’s compliance were disregarded.
Groupe Chenail inc. is also contesting the CPTAQ’s conclusion that the addition of an asphalt factory would constitute a new use and not an accessory use under the LPTAA.
The CPTAQ concluded that the asphalt factory, even as an accessory use, would impact existing agricultural activities and future development, and that this would also affect the homogeneity of the environment. The company argues against this, pointing out an accessory use by its very nature must have less impact than the primary use, in this case referring to the quarry.
Groupe Chenail Inc. also questions the CPTAQ’s interpretation of regional particularities as set out in section 12 of the LPTAA, arguing that it failed to consider zoning bylaws as well as decisions by both the Quebec Superior Court and Court of Appeal.
The CPTAQ issued its final decision on November 7. Over 20 individuals, groups, and organizations argued against the asphalt factory before the commission. The CPTAQ is now required to provide the TAQ with a copy of all files relating to the case by mid-January.
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