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OMB dismisses wind farm appeals - Only one of 100 turbines left in dispute

The AIM PowerGen wind farm west of Port Rowan is nearly in the clear.

Earlier this month, the Ontario Municipal Board granted an AIM motion and dismissed two appeals to Phase II of the project.

That leaves only one appeal outstanding. This one regards a woman in Messiah’s Corners who wasn’t properly notified according to the terms of the Ontario Planning Act. A time and date for that hearing has yet to be determined.

In his decision, OMB chair Jason Chee-Hing dismissed appeals from Otto Kristen and Paul Lovatt. The pair are residents of the Port Rowan area. They appealed Norfolk council’s zoning approval because they fear the gigantic turbines are a hazard to migratory birds.

“The appellants were genuinely concerned about the impacts of the placement of the wind turbines on the migratory path of many avian species and particularly the tundra swan,” Chee-Hing said in his ruling.

“However, the appellants’ concerns, while laudable, were not supported by any reasonable and authentic planning grounds upon which their appeals could be heard.”

The OMB reserves the right to dismiss appeals where the objection does not address a tangible, land-use planning issue, is made in bad faith, is deemed vexatious, is deemed frivolous or for reasons of obstructing competition, or if the appellant does not... more [truncated due to possible copyright]  

Earlier this month, the Ontario Municipal Board granted an AIM motion and dismissed two appeals to Phase II of the project.

That leaves only one appeal outstanding. This one regards a woman in Messiah’s Corners who wasn’t properly notified according to the terms of the Ontario Planning Act. A time and date for that hearing has yet to be determined.

In his decision, OMB chair Jason Chee-Hing dismissed appeals from Otto Kristen and Paul Lovatt. The pair are residents of the Port Rowan area. They appealed Norfolk council’s zoning approval because they fear the gigantic turbines are a hazard to migratory birds.

“The appellants were genuinely concerned about the impacts of the placement of the wind turbines on the migratory path of many avian species and particularly the tundra swan,” Chee-Hing said in his ruling.

“However, the appellants’ concerns, while laudable, were not supported by any reasonable and authentic planning grounds upon which their appeals could be heard.”

The OMB reserves the right to dismiss appeals where the objection does not address a tangible, land-use planning issue, is made in bad faith, is deemed vexatious, is deemed frivolous or for reasons of obstructing competition, or if the appellant does not participate in the planning process at the council level.

For its part, AIM PowerGen has conducted environmental assessments that address the issue of migratory birds. Natural Resources Canada has approved the report’s findings, as have Norfolk council and the Ministry of Environment.

“The board finds that the appellants did not disclose any authentic planning reasons for their appeal,” Chee-Hing says in his ruling.

Two other appellants from the Port Rowan area –– Roslynne Flacks and Devora De Jonge –– have withdrawn appeals related to Phase II.

The AIM PowerGen project straddles 14,000 acres along the lakeshore in southwest Norfolk and southeast Elgin County. Construction of 66 turbines during Phase I –– which was uncontested –– is underway. The 34 turbines in Phase II are slated for Norfolk west of Port Rowan in the area of Messiah’s Corners.

Barbara West of First Concession Road didn’t learn until after Phase II was approved last fall that a 100-metre turbine could be erected as close as 50 metres to her property.

West has appealed on the grounds that Norfolk didn’t properly circulate the neighbourhood around Messiah’s Corners as required by the Ontario Planning Act. Yesterday, West said she would be satisfied if the turbine slated for the farm behind her property were moved away from a large woodlot beside Big Creek.

“I bought out here to be close to nature,” West, a retiree, said yesterday. “We have eagles and everything out here. All along I’ve been kept in the dark. I should have been notified from Day 1.”


Source: http://simcoereformer.ca/st...

FEB 14 2006
https://www.windaction.org/posts/1314-omb-dismisses-wind-farm-appeals-only-one-of-100-turbines-left-in-dispute
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