News Release

FOR IMMEDIATE RELEASE

March 21, 2016

Cobble Hill Holdings, South Island Aggregates and South Island Resource Management Found In Contravention of CVRD Zoning Bylaw

Duncan, BC – BC Supreme Court Justice MacKenzie released his judgement on Monday, March 21 in the matter of CVRD v Cobble Hill Holdings Ltd. et. al. finding that the CVRD's Electoral Area B – Shawnigan Lake Zoning Bylaw No. 985 prohibits a landfill facility and/or a contaminated soil treatment facility at 640 Stebbings Road, Shawnigan Lake.

In his Judgement, Justice MacKenzie has ordered that:

(a) Following the decision in Lund, there is a declaration that a contaminated soil treatment facility is not a permitted use on the property located at 640 Stebbings Road, in the Cowichan Valley Regional District, under the zoning bylaw;

(b) There is a declaration that the landfill facility located at 640 Stebbings Road, in the Cowichan Valley Regional District, is not a permitted use under the zoning bylaw;

(c) There is a declaration that the permanent encapsulation in engineered cells of refuse, waste or contaminated soil not originating on the property is not a permitted land use at the property at 640 Stebbings Road, in the Cowichan Valley Regional District;

(d) An injunction restraining the respondents, Cobble Hill Holdings Ltd., South Island Resource Management Ltd. and South Island Aggregates Ltd., and all persons having notice of this order from using, or allowing, or permitting the use of, the property as a contaminated soil treatment facility, contrary to the zoning bylaw;

(e) An injunction restraining the respondents, Cobble Hill Holdings Ltd., South Island Resource Management Ltd. and South Island Aggregates Ltd., and all persons having notice of this order from using, or allowing, or permitting the use of, the property as a landfill facility, contrary to the zoning bylaw; and,

(f) An injunction restraining the respondents, Cobble Hill Holdings Ltd., South Island Resource Management Ltd., and South Island Aggregates Ltd., from importing onto the property located at 640 Stebbings Road, in the Cowichan Valley Regional District, any waste material, including contaminated soil, that is required to be permanently encapsulated in engineered cells.

The Supreme Court heard the matter over 11 days in Victoria during November and December 2015.
Justice MacKenzie’s Reasons For Judgment can be viewed in its entirety at: http://cvrd.bc.ca/DocumentCenter/View/68971.

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For Further Information Contact:
Jon Lefebure, Chair
Tel: 250.746.3122
Email: chairperson@cvrd.bc.ca