Pan Pacific Aggregates (PPA) has applied to the Sunshine Coast Regional District (SCRD) for rezoning and an industrial permit for temporary use of a crusher and weigh scale on an agricultural land reserve (ALR).
The issue of whether PPA's industrial activities on its southern mine site in 2005 were contrary to SCRD zoning is currently before the courts. The SCRD filed a statement of claim and writ of summons against PPA in B.C. Supreme Court in October and were waiting for PPA's statement of defence. PPA's project manager Cal Mark acknowledged at the April 13 SCRD planning committee meeting that although the company had a provincial mining permit, bringing in the crusher and scale was contrary to SCRD zoning.
"That was compatible with the Mines Act but was not compatible with the zoning in the SCRD," Mark said. The site in question is at the end of Mason and Heritage roads in Area B. Last summer when the SCRD board decided to proceed with legal action, PPA maintained the crusher and weigh scale were allowed on the site.
"We are absolutely within our rights," PPA spokeswoman Gayle Bukowsky said in an interview July 13, 2005.
PPA met with the SCRD this year in January when PPA asked to hold off on the statement of defence while it prepared its rezoning application, SCRD administrator Doug Holmes said in an interview.
"Rather than go through the courts to argue the situation we decided to meet and understand what the issues were," PPA president and COO Alan Whitehead said in an interview. "We are trying to resolve it amicably."
The SCRD going ahead with the lawsuit would be subject to the outcome of the zoning application, he added.
"If their activities complied with zoning then the lawsuit would be redundant," Holmes said.
The planning committee passed motions April 13, which the board then approved the same day, that any Crown permits for further use of the land be dependent on the applications to the SCRD being successful. The SCRD is requiring PPA to hold a public information meeting for the two applications, with the date yet to be set. The ALR application will be referred to the Area B APC and the District of Sechelt. The industrial permit application will be referred to the Agricultural Land Commission, the Integrated Land Management Bureau, the District of Sechelt, the Sechelt Indian Band, the Area B APC and the Natural Resources Advisory Committee (NRAC). If either the ALR or industrial permit applications fail, the other cannot go forward, SCRD planning head Judy Skogstad told the planning committee.
