Province quietly reviving plan for controversial Summerland gravel pit

A lengthy legal battle against a gravel pit in Summerland ended with a win for those opposed, but now the provincial government wants to take another run at it without telling the public.

The province is going to reconsider allowing a gravel pit to be built at 27600 Garnet Valley Road following a decision from the BC Supreme Court that cancelled the permit, according to a notice posted to the District of Summerland’s Facebook page.

“The previous authorization for the mine was quashed by the BC Supreme Court. Ministry staff have informed the District that no broad public notice is being undertaken (i.e. newspaper, website, etc) but that any comments submitted will be considered,” the district said in the post.

“For this reason, we are making the community aware of this process and encourage any interested party to share comments.”

Summerland is encouraging any “interested party” to contact senior inspector Nicole Jones, the local MLA and Mining Minister Jagrup Brar.

The ministry initially issued a permit for the Garnet Valley gravel pit in the fall of 2024.

That was followed by strong opposition from Summerland, Summerland Chamber of Commerce, Penticton Indian Band, Garnet Valley Agri-Tourism Association and numerous residents.

The agri-tourism association took the ministry to court and the district helped pay the legal costs. After two years the BC Supreme Court ruled against the permit.

“This decision was made with little regard for local voices, the unique environmental, historical, and cultural significance of Garnet Valley, or the existing availability of gravel in other parts of the region. The impact of this gravel pit would have been felt by all who live, work, and visit here,” the association said in a statement after the court ruling.

Summerland already has two operating gravel pits and there are others nearby. Mayor Doug Holmes previously said there was simply no need for another one in an environmentally-sensitive area popular with hikers and dozens of breeds of animals.

The ministry sent iNFOnews.ca a statement that it’s going through the permitting process again according to what the court allows, without making any mention about seriously considering the public backlash and opposition.

It said the court had only ruled against the initial permitting decision and the lack of clarity on things like environmental issues and slope stability and forced the government to reconsider it with better reasoning.

“The court was clear that it was not determining the merits of the project and did not say the permit should or should not be granted,” the ministry said in an email statement. “The court did not make findings of bad faith or misconduct by the ministry.”

The ministry said in a written statement it is engaging with the District of Summerland, the agri-tourism association, the neighbouring property owner and Penticton Indian Band. But it is not legally required to engage with the public again.

“The court’s decision focused on the adequacy of the reasoning, not the level of public participation,” the statement reads. “The reconsideration is focused on addressing the deficiencies identified by the court, rather than restarting the process with a new round of broad public notice.”