Charlottetown will not reconsider asphalt plant decision

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Charlottetown council will not reconsider a recent decision to approve a rezoning application that could see another asphalt plant on Sherwood Road. 

Council met last week and discussed the section under bylaw reconsideration, says Mayor Philip Brown, and obtained legal advice from the city's solicitor.

"The reconsideration doesn't fit the criteria that is outlined in this section of the bylaw," he said.

Brown said three criteria need to be met in order for a decision to be reconsidered. The criteria includes a change of circumstances, receipt of material that wasn't available during the initial decision-making process or a doubt to the correctness of the order of decision.

"Legal advice was saying that the call or the request for reconsideration on this issue just doesn't hold anything in those three areas," Brown said.

Some residents and business owners in the Sherwood area have been vocal about not wanting another plant in the area, they even took to protesting outside of city hall and near the Charlottetown Airport over the last month.

Some Sherwood residents said the city failed to provide proper notice of a bylaw amendment allowing asphalt plants.

No second public meeting

Those residents have requested a second public meeting to discuss the additional plant being added, but Brown said there won't be a second meeting because the reconsideration did not meet the criteria outlined.

"Therefore the owners, operators of businesses on Sherwood Road have the other option — that is to appeal to IRAC," Brown said.

Mayor Philip Brown says there will be an environmental assessment review on the plant. (Natalia Goodwin/CBC)

As far as he knows, Brown said, an appeal has already been submitted to the Island Regulatory and Appeals Commission but was on hold pending a decision from council.

"This is an issue that is near and dear to a lot of the residents and business owners' hearts out there and I am sure we have not heard the end of it," he said.

No work until appeal complete

Most of the concerns Brown said he has heard from people involve traffic and environmental impacts.

To which Brown said "there will be an environmental assessment review on the plant."

With the appeal in the hands of IRAC no permit for work can be issued.

"Nothing can happen until this appeal is dealt with," Brown said.