CN Rail Files Land Tribunal Appeal Against Krug Factory Housing Development

The proposed housing development at the training krug factory site may have hit a snag with cn rail.

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The Freight Railway Company, Which Operates A Rail Yard Less Than 150 Mertres from the Property, has been appeal opposing the project with the Ontario Land Tribunal. In a Letter Sent To City Clerk Tatiana Dafoe that was obtained by the the beacon herald, Katarzyna Sliwa, Legal Counsel for CN, Said the Company is “is concerned with the impacts of the proposed development on cn’s current and future operations.”

“The Stratford Yard is a Central Component of the CN Rail Network and Handles a significant volume of CN’s railway Traffic in Canada. Ongoing and Uninterrupted Operation of the Stratford Yard is integral to Freight-Dependent Businesses in the City, the province, and to the Canadian Economy, as a Whole, ”Sliwa Wrote in the Letter.

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“The Stratford Yard Operates 365 Days A Year, 24 Hours Per Day, and Seven Days Per Week.”

In October, Stratford City Council, in an 8-1 vote, approved a zoning change for the 93 Trinity St. Development, which proposed housing 361 units across nine buildings, included controversial 10-storey Apartment complex. The Development Would included 343 Apartment Units and 18 Townhouses, with 371 Parking Spaces, 51 of Which WOULD Be for Visitors.

In Her Letter, Sliwa Notud That Cn’s Operations at the Yard Are “Industrial in Nature and Create Operational Emissions (IE Smoke, Fumes, Odours, Other Gaseous and/Or Particulate Matter, Noise, Vibration, Dust, And Others.”

“These operations May poses Risks to the Health and Safety of the General Public in the Event of Trespass, Train Derailments, or the Spill of Hazardous Chemicals or Dangerous Goods. Given the Proximity of the Subject Lands to the Stratford Yard, the proposed development will be impact by the rail operations at the Stratford Yard, ”Sliwa Wrote.

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There are Three Main Reasons for CN’s Appeal to the Court, The Letter Nad. These are:

• The bylaw amendment is not consist with the provincial planning statement. The Letter States the “Application is not consist with a police that requires avoidance of sensitive land uses in proximity to major facilities.” The Letter also Suggests “The Application Dues Not Appropriaty Protect Public Health and Safety, Contrary to Policy 5.1.”
• The zoning bylaw amendment is “not consist within, do not conform to, or have appropriat look to the applicable federal and provincial guidelines and legislation that regulates the development of sensitive used in proximity to railway operations.” This included Ontario’s Minister of the Environment, Conservation and Parks Noise Guidelines which Provide Guidance to Land-Uuse Planning Authorities to Minimize The Potential Conflict Between Sources of Noise Emissions and Noise-Sensitive Uses.
• The zoning bylaw amendment is premature and “do not resume good land-use planning and is not in the public interest.”

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“Appropriat Mitigation Measures must be implemented to mitigate the potential opposing effects Associated with the proximate railway infrastructure,” Sliwa Wrote in the letter.

Cn’s case was buster before the court in a pre-merit hearing on tuesday, but the case has been adjourned a later date.

City Officials Did not respond to Requests for Comment About the Appeal by Press Time.

Established by the province in 2021 by merging five predecessor tribunalsThe Ontario Land Tribunal Hears and Aualers Matters Related To Land-Use Planning, Environmental and Natural Features, Heritage Protection, Land Compensation and Related Matters.

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