Tower Fencing has agreed to shut down its concrete plant operation by July 31, 2012, a compromise that will end LangfordB次元官网网址檚 ongoing lawsuit against the long-running company.
Tower will be required to remove itB次元官网网址檚 batch plant silos and any equipment used to manufacture concrete, including truck wash stations and conveyor belts from its Goldstream Avenue properties, as outlined in a court order, said Lorne Fletcher, LangfordB次元官网网址檚 senior bylaw officer.
The order is subject to sign-off from Tower and Langford council before itB次元官网网址檚 submitted to the B.C. Supreme Court. Council is scheduled to review the agreement on Aug. 15 in a closed meeting. Tower owner Denis Madsen confirmed B次元官网网址渢here has been a resolution,B次元官网网址� but declined to speak with the Gazette.
B次元官网网址淲eB次元官网网址檙e not done yet, but we are so close IB次元官网网址檓 confident weB次元官网网址檒l see tremendous progress,B次元官网网址� Fletcher said. B次元官网网址淭he City and Tower came to a reasonable and equitable solution.B次元官网网址�
In July, after a few years of soured relations, Langford and Tower hashed out an B次元官网网址渆xit strategyB次元官网网址� for the company during a meeting originally set as an evidence discovery proceeding.
The alternative to the court order is a pricey five-day trial. Facing a plugged court system, Fletcher said the City would expect to wait a year to 18 months just to receive a trial date. The court order, he noted, has the same force of law as a judgeB次元官网网址檚 ruling and is a serious offense if breached.
B次元官网网址淗ere we have an agreement that we can move on within 12 months,B次元官网网址� Fletcher said. B次元官网网址淭his is a nice success for everyone. The cost saving is tremendous.B次元官网网址�
Langford initiated a court action against Tower in 2008 after the company installed new silos and ramped up concrete manufacturing operations to a point beyond, in the CityB次元官网网址檚 view, what was allowed in the zoning. Tower denied it was doing anything illegal, pointing to long-standing zoning that allowed concrete manufacturing on that property.
In previous interviews, Madsen said his 150-employee company experienced rapid growth and success, and has outgrown its Langford property. Indeed, white and blue concrete trucks are a frequent sight rumbling along the 1000-block of Goldstream Avenue, which holds a mix of residential homes, small businesses and a school.
The court order doesnB次元官网网址檛 settle the dispute over zoning or the level of industrial operations on TowerB次元官网网址檚 property, and itB次元官网网址檚 likely those questions will never be answered. Langford stripped concrete manufacturing from permissible uses within the zoning in 2008.
Residents living near TowerB次元官网网址檚 property have complained for years of noise from the companyB次元官网网址檚 industrial operations and of concrete dust blanketing the surrounding neighbourhood.
This summer the Ministry of Environment ordered Tower to start monitoring concrete dust emissions from its batch plant silo, and to improve its dust control procedures. Two devices to measure particulate matter and five for dust fall are on the perimeter of the Tower site, as well as a weather station, for 60 days of measurements to quantify the levels of concrete dust coming off the property.
Katherine Pearce with the Ministry of Environment, said when the results are in, MOE will decide on next steps, if necessary, for compliance.
Lynne Hedstrom-McAuley, owner of LynneB次元官网网址檚 Little Elf Garden Centre, has loudly lobbied Langford for five years to crack down on dust and noise coming from her neighbour, and admits she is skeptical that Tower will pack up and leave.
B次元官网网址淚B次元官网网址檓 happy about this, but at the same time I donB次元官网网址檛 trust either of them. IB次元官网网址檝e been told so many different things over the years,B次元官网网址� she said. B次元官网网址淚 will believe it when I see it.B次元官网网址�
editor@goldstreamgazette.com
