Pontypool victory the second successful appeal for the environment

My Kawartha.com November 20, 2015
Tribunal agrees approved Pontypool wind project would destroy plant and animal life

Ward 16 Coun. Heather Stauble says Environmental Review Tribunal (ERT) decision about Settlers Landing wind farm is only the second in Ontario in favour of a municipality over a wind energy company

MANVERS TWP – Ward 16 Councillor Heather Stauble was literally doing a happy dance at the Fenelon Falls Community Centre after learning opponents of an industrial wind turbine project near Pontypool scored a huge victory on Thursday (Nov. 19).

Coun. Stauble was at a special council meeting when she got the news that the Environmental Review Tribunal (ERT) had announced its decision on the appeal of the Settlers Landing Nominee Ltd. wind project.

Announcing the decision to council, she was visibly overjoyed as councillors hugged and congratulated her.

“This a huge, huge step forward for the community,” she told This Week.

She noted this is only the second ERT decision in Ontario that has overturned a wind energy company approval in favour of a community.

The Director, Ministry of the Environment and Climate Change issued a Renewable Energy Approval (REA) to Settlers Landing Nominee Ltd., granting approval for the construction, installation, operation, use and retiring of a Class 4 wind facility with a total name plate capacity of 10 megawatts in Pontypool.

Settlers Landing wind park would have put five industrial wind turbines near the village.

SLWP Opposition Corp. appealed the REA to the Tribunal in May on the grounds that the project will cause serious harm to human health and serious and irreversible harm to plant life, animal life or the natural environment.

The Tribunal held the hearing in Pontypool on in September and October.

The Tribunal found “that the planned Settlers Landing wind project in Pontypool will cause serious and irreversible harm to plant life, animal life or the natural environment.”  Specifically, the Tribunal, in its decision found that construction and decommissioning of turbines 3 and 5, and the access roads to turbines 2, 3 and 5, will cause such harm to a significant woodland identified as Woodland 11, including the habitat it represents.

Coun. Stauble said having two out of five of the turbines ruled as harmful to the woodlands could affect the company’s FIT contract (whereby they acquire points for renewable energy contracts with the Province.)

Opponents of the wind turbines did not, the Tribunal found, satisfy legal tests with respect to other issues they raised in the appeal, namely serious and irreversible harm to water resources or to grassland bird habitat and serious harm to human health.

Several other wind energy projects from different companies have been approved in Manvers Township, and opponents to the industrial turbines have not let up in their battle to keep them out, especially since several turbines are proposed to be built on the provincially-protected Oak Ridges Moraine. The City has backed their fight, as council has not supported industrial wind turbines in the municipality. While the opponents have raised money for their legal costs, the City has given some financial support and also provided senior staff to testify at the hearings.

In its decision, the Tribunal noted it will provide “a separate opportunity for the parties and participants to address the appropriate remedy and the Tribunal’s remedial jurisdiction in this case.”

Coun. Stauble said the wind company will be given the chance to offer remediation for the two turbines, “but, they must adhere to a 550 metre setback, and to do so means they would have to put those turbines in the woodlands.

“Which they are now not allowed to do.”

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4 Comments

  • Pat Cusack
    Posted November 20, 2015 11:56 am 0Likes

    GREAT NEWS IN SO MANY WAYS. THANKS!

  • Gord Schneider
    Posted November 20, 2015 12:15 pm 0Likes

    I agree. Keep up the good fight!

  • Tracy
    Posted November 20, 2015 11:43 pm 0Likes

    In turning a blind eye to the harm caused to humans by iwts; the government and wind company is just as much as committing assault and in some cases, manslaughter.
    They’re up to their eyeballs in alligators and pretty soon no one will be draining the swamp. CHOMP CHOMP

  • Tracy
    Posted November 23, 2015 3:17 pm 0Likes

    At this rate, we will never satisfy the legal test in regards to human health as long as the Liberals are in power.
    As long as the development of industrial wind developments do not go ahead in a community; the community will not continue their fight against stopping this horrible crime going on in rural Ontario. The biggest issue is the negative health impact these machines have on human health. The tribunal will on occasion, throw a bone to the odd community; a community no doubt that favors the Toronto Liberals. A decion made in the interests and welfare of the wildlife and environment. How many tribunals has there been? How many have been successful and really, how successful are they?
    It is imperative the issue of harm to humans is avoided at all costs to the Liberals. Why is it people seem to care more about animals then they do about other people than themselves? I think we all know the answer. When a community is successful in the decision made in an ERT, I am so grateful that no one else will be harmed from the infrasound from IWTs, hopefully…that there will be no appeal and it will stand as such. These communities very much welcome the support from people as myself – who have very serious health issues, who have abandoned their homes, who have been finding accommodation where ever they can, who are currently looking for winter accommodation to survive, for a number of years! It seems that once the people of these communities get what they want, no turbines, they are done, gone. Where is the compassion for fellow human beings?
    We are helping refugees into our country (because the elected Liberal government says so). It is time you help those who have helped you: treat others as you would expect to be treated.
    What is wrong with these people who think only of themselves? We need your help and support. Please help us.
    The people of Ontario need to take a deep look inside who they really are. Are you the person with the pretty facade with little substance or one who really cares? What type do you want to be? Think about it; do something. People are dying.
    Turbines and development need to be halted, immediately. This is criminal activity that is killing people, stealing your money. Assets and accounts need to be frozen, arrests made. To sit back and wait for someone else to take care of YOUR business-you are going to bring an end to our Constitution. Life will not be great for your children and grandchildren.
    Unleash the bomb of Hiroshima.

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