The Municipality of Chatham-Kent (CK) has received some welcome news regarding the Dresden landfill battle.
In a letter, the province confirmed that the responsibility for zoning decisions and zoning amendments rests with municipalities.
The municipality wrote the province in June, asking for clarification on that issue after York1 sought amendments to the Environmental Compliance to allow waste processing, storage, transfer station uses, and landfill uses at the Irish School Road property.
Bill 5 now exempts the landfill from comprehensive Environmental Assessment requirements.
Waste processing, storage, transfer, and landfilling are not permitted uses on the property under the current municipal zoning bylaw, and land use approvals are required by the municipality before any land use changes are made by the owner.
CK Director of Legal Services Dave Taylor said the province's confirmation and clarity are welcome news.
"It's a good step that the matter will be back on council floor if they want to make changes, subject only to some sort of appeal or other challenge they might raise," he added. "If York1 wants to expand that property use and change that property use, they have to come and ask council for approval through zoning, official plan, and other land use planning."
York1 had argued in the past that the property enjoys a prior non-conforming use, but the municipality firmly disagreed and sent the province a letter. Non-conforming use is another way of saying the once dormant landfill is "grandfathered" to previous zoning bylaws to allow previous uses, including landfill operations.
Taylor also told CK's council on Monday night that appeals and challenges are not out of the question.