A community organization fighting against a gravel pit in Ashfield-Colborne-Wawanosh (ACW) is celebrating a recent Ontario Land Tribunal decision that they view as a significant win for grassroots environmental advocacy.
The Friends of Ball’s Bridge and Little Lakes (FOBBLL) have been opposing the proposed expansion of a gravel pit in their area for more than six years, an unexpected battle according to the group’s president.
“We didn’t expect or want to do any of what we did, which is fighting this for the last six years,” said Rebecca Garrett, President and Founder of FOBBLL. “This can happen to anyone and does happen to more people in Ontario every day: without any warning, you can find out there’s going to be a massive, below-water-table, open-pit aggregate mine right in your backyard or favourite natural area.. complex natural ecosystems that took hundreds of years to develop could be destroyed in a day. That’s what we woke up to in 2020.”
The application was by Van Bree Sand and Gravel for permission to extract up to 500,000 tonnes of aggregate each year from the site. Nearby residents and trail users responded by gathering over 4,000 signatures on a petition.
FOBBLL noted that initially the Township of ACW showed support. When V. B. Sand and Gravel submitted an application to rezone the land, council postponed its decision due to public backlash. However, the company eventually appealed to the OLT after council failed to decide within 90 days.
This led to hearings between the company and the Township. However, Garrett explained that when ACW stated it would not take a position on this issue, FOBBLL had to advocate for themselves. The group hired David Donnelly, one of Canada’s top environmental lawyers, as their counsel and applied for party status at the hearing.
They argued that the proposed expansion posed risks to sensitive natural habitats and endangered Wood Turtle populations while also threatening local residents’ quality of life due to potential exposure to harmful fine particulate matter found in dust.
Along with Donnelly, experts provided testimony on air quality (Doug Lyons), planning (Allan Ramsay), and natural heritage (Sarah Mainguy) during the three-week hearing.
“We fundraised non-stop pretty much over the six years,” said Jennifer Morris, a FOBBLL Director. “Over the years, from our supporters and private donors, all kinds of things from bake sales to events we would host at the bridge helped us raise close to $250,000.”
Garrett mentioned that despite raising funds successfully, their counsel and experts essentially worked “pro bono.”
“If they were working for a gravel company, they would get at least twice what they were paid by us,” she said. “We had to raise $250,000 just to squeak by with so much help from our experts and lawyer. The people working for the other side aren’t doing it that way.. we fought as long and hard as we could, and we’re really proud of what we were able to accomplish.”
These achievements became clear with the recent OLT ruling which mandated V. B. Sand and Gravel conduct mandatory air quality monitoring at Little Lakes Pit.
The site plan must also include a 30-metre habitat buffer around Wood Turtle habitats.
This decision followed a partial settlement between FOBBLL and Van Bree addressing other parts of their proposed expansion plans. This included extraction occurring in four phases with rehabilitation work taking place after each phase while no work will happen after 5 p. m. or on weekends.
“It set a precedent. That’s what’s very important about this decision,” said Garrett. “It’s not just about us. It’s about how these types of cases will need handling going forward. There will need more regulations; gravel companies will have more obligations regarding health implications alongside environmental ones.”
She stated all their experts agreed it was an important win especially given how provincial government has reduced environmental protections recently.
“All these things we’ve accomplished will change how aggregate companies apply for licenses as well as how they’ll operate,” said Garrett. “They’ll have no choice but listen seriously consider citizen concerns instead ignoring them.”
Although FOBBLL’s lengthy struggle has come to an end members say they’re still ready share their knowledge with other community groups facing projects that could harm local areas whether those are additional aggregate pits or AI data centers.
“I don’t live anywhere near there but it’s important because it represents what might happen next door where I live,” said Morris. “I didn’t know these folks before all this started but getting involved made me realize anyone can stand up fight back-and win! You should never assume something’s finalized without trying.”
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