Plympton-Wyoming looks for guidance from Wainfleet decision
By Paul Morden, Sarnia Observer
A court ruling that went against another municipality’s wind turbine setback bylaw could end up helping Plympton-Wyoming, says its lawyer. Suncor Energy has taken Plympton-Wyoming to court over wind turbine provisions in its bylaws, including a two-kilometre setback like the one in the Niagara-area municipality of Wainfleet Township an Ontario court recently said was invalid.
“The decision gives some guidance that wasn’t available previously,” said lawyer Eric Gillespie. He was hired by Plympton-Wyoming to help it defend its bylaws against Suncor’s challenge. Gillespie said the judge in the Wainfleet case said municipalities have the ability to pass bylaws concerning industrial wind projects, so long as they don’t conflict with the province’s legislation.
“The decision also provides direction regarding the way that some of the provisions of a bylaw should be put together,” Gillespie said. “Both of those elements will likely assist Plympton-Wyoming as we move forward for with its bylaw.” Read article