February 15, 2012: Whistler, BC – The Resort Municipality of Whistler (RMOW) is currently reviewing the January 31, 2012 British Columbia Supreme Court judgement—that ruled that asphalt production is a permitted use in the IP1 Zone—to determine its next course of action.
In light of the discussions about next steps with the petition hearing now complete, the RMOW is releasing the costs associated with the asphalt plant dispute to date.
For the period 2009 to January 2012, the RMOW has expended $574,750 on costs associated with the asphalt plant dispute. This includes legal costs, the report on the relocation options as well as work done to implement the air quality monitoring system at Cheakamus Crossing neighbourhood. Of this, $447,565, or approximately 78 per cent, was spent on legal costs associated with the matter, including the court petition process to determine whether the asphalt plant was a permitted use in the IP1 Zone.
In addition to this amount, pursuant to the recent judgement, the RMOW will be required to pay approximately $16,300 on account of Whistler Aggregates’ costs based on a tariff schedule.
Following more than a year of extensive discussion and debate about the presence and zoning of the Whistler Aggregates asphalt plant in Whistler, Whistler Council issued an order to Whistler Aggregates to cease and desist operating the plant by May 13, 2011. Shortly thereafter, the plant was operating contrary to the direction from Council, despite Whistler Aggregates having had a reasonable notice period during which to relocate its portable asphalt plant.
In April 2011, Council instructed the municipality’s solicitors to serve the asphalt plant operators with Court documents to get the enforcement of the zoning bylaw before the British Columbia Supreme Court.
On November 21 and 22, 2011, the RMOW appeared before Judge Kloejman to seek a determination that asphalt production is not a permitted use in the Resort Municipality of Whistler’s IP1 Zone.
The ruling of the court petition was released on January 31, 2012 when British Columbia Supreme Court ruled that asphalt production is a permitted use in the IP1 Zone.
About the Resort Municipality of Whistler
The Resort Municipality of Whistler (RMOW) is Whistler’s local government led by an elected council and administered by an executive team and staff on behalf of 10,000 residents and two million annual visitors.
Whistler’s vision is to be the premier mountain resort community as it moves toward sustainability. Whistler was the proud Host Mountain Resort for the 2010 Olympic and Paralympic Winter Games.