Hamilton City Council passed a by-law in September 2018 requiring all new or expanding cannabis growing operations in the rural area to have a 150 metre setback from neighbouring properties.
The by-law was appealed by three cannabis growers. Two withdrew their appeals after reaching agreements with the City of Hamilton. Red Hill Cannabis Inc was the only remaining appeal remaining after the settlements, and last week the Local Planning Appeal Tribunal dismissed their appeal as abandoned after RHC failed to respond to requests for filings and did not attend hearing.
With the dismissal, the 150-Metre separation distance requirement of By-Law 18-266 is now in force and effect.
Red Hill Cannabis operated the infamous growing operation at 286-288 Green Mountain Road in Upper Stoney Creek. The site vented nauseous smells which forced people to close their windows, the smell penetrated into homes away, and in 2017, a series of shootings occurred in proximity to the growing facility. This facility was the poster child cited by politicians and City staff in passing the requirement to keep rural growing operations away from neighbouring properties.
The facility is no longer in operation.
Ward 11 Councillor Brenda Johnson, who represented the area prior to ward boundary changes in 2018, says she is “thrilled” the appeal is dismissed.
“I hope this decision sends a strong message to those who are considering growing large amount of cannabis plants that they ensure the greenhouse is built using 2020 standards and is located at least 150 metres from neighbouring homes.”
Ward 9 Councillor Brad Clark, who now represents the area, says “it is my hope that the 150 meter radial separation for Grow-ops will prevent any future situations where residents become prisoners in their own homes due to the over-powering cannabis odours”.
Both Councillors say the City must be diligent to ensure the by-law is obeyed and a situation such as what the residents of this Upper Stoney Creek neighbourhood endured never happens again.
Production Details v. 1.0.0 First published: June 5, 2020 Last edited: June 5, 2020 Author: Joey Coleman Edit Record v. 1.0.0 original version