A property owner, developer, and contractor are facing charges under Burlington, Ont. bylaws after they removed 425 trees from a privately-owned golf course in May.
On Sept. 23, the City of Burlington announced it has charged “five parties, including the developer, landowner, and contractor,” alleging these groups caused or allowed the injury or destruction of trees without proper permits between April and June.
The city also filed extra charges against the contractor for damaging trees under the public tree bylaw. They stated they wouldn’t comment further since the issue is now in court.
Papers submitted to Halton provincial offences court reveal multiple charges against Argo Development Corporation, Argo (Millcroft) Limited, Millcroft Greens Corporation, Timbertek Inc., and 2079610 Ontario Ltd., with their first court appearance set for Nov. 5.
A spokesperson for developer Millcroft Greens told CBC Hamilton in an email that they “categorically deny these charges and look forward to the matter being cleared up in court.”
CBC Hamilton reached out to Argo and Timbertek but didn’t get a response before publication.
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From left to right: Cynthia Shanahan and Sonia Robinson are members of Millcroft Against Bad Development. Their community group opposes the redevelopment of the golf course they’re standing in front of. (Justin Chandler/CBC)
The project involves modifying parts of a private golf course to build homes across four plots on that land as well as constructing nearby apartments.
This plan has faced strong opposition from a local group called Millcroft Against Bad Development (abbreviated as MAD). The suburban north Burlington neighborhood is closely linked with the golf course that runs through it in a figure-eight shape. In May, MAD members expressed their sadness to CBC Hamilton about how losing those trees would mean losing green space for locals and causing lasting damage to their community.
On Friday, MAD member Cynthia Shanahan said her group was “absolutely thrilled” about these charges.
“We hope they have the book thrown at them,” she said. “We still cry when we look at the stumps.”
In a statement made to CBC Hamilton back in May, a representative for developer Millcroft Greens mentioned that “all work that has been conducted on site was undertaken only after the necessary approvals were obtained.”
They acknowledged that “many in the community are disappointed to see the removal of trees,” but insisted it’s often a “necessary step” when creating new homes.
The spokesperson confirmed that while 425 trees were cut down, Millcroft Greens preserved another 425 trees and plans to plant “over 2,600 new trees in the developed blocks.”
Environment and Climate Change Canada (ECCC) is also looking into this tree removal case to check for any violations regarding the Migratory Birds Convention Act Ontario. This act protects migratory birds along with their nests and eggs but doesn’t protect trees directly.
On Monday, an ECCC spokesperson told CBC Hamilton there’s no reason to suspect non-compliance so no enforcement action was taken.WATCH | Members of Millcroft Against Bad Development react to 425 trees coming down: :
Members of Millcroft Against Bad Development react to 425 trees coming down
Community group Millcroft Against Bad Development (MAD) is opposing developer Millcroft Greens’ intention to build 90 homes on redeveloped land within their neighborhood in north Burlington, Ont. Earlier this May, developers cut down those 425 trees as preparation for construction work. Members from MAD express their frustration over this situation.
Shanahan noted that since those trees came down, her neighborhood feels noisier and she hasn’t enjoyed spending time outside like before since her backyard borders on what used be part of the golf course just like many other neighbors’ yards do.
MAD believes that while development may involve building around ninety houses; it’s not worth destroying nature or causing disturbances-plus it won’t significantly boost affordable housing availability in town.
According to its website-the City Of Burlington aims at developing more than two thousand seven hundred twenty-four housing units by end-of-2026 targeting “the housing needs within our community,” which includes two hundred twenty-eight affordable units.
Millcroft Greens previously indicated prices would be determined by its builder Hallett Homes.
Work continues on site
Shanahan expressed hope that province authorities might intervene against development-a decision approved earlier by Ontario Land Tribunal back during Spring ’24 even after City Of Burlington had denied proposals initially made.
In June ’24 news release related specifically towards tribunal findings; city officials stated proposed project “did not align” properly alongside interests held by residents citing significant importance surrounding preservation efforts regarding green spaces ensuring sustainable environmental practices along maintaining character found throughout existing neighborhoods.”
As per statements issued officially from city personnel-site prep measures remain planned later this fall upon grounds where construction occurs-including installing fencing around entry points indicated clearly-but site investigation tasks such drilling will go ahead without requiring permits based from municipal regulations though other near-term actions might necessitate future permissions according Tuesday’s announcement released publicly.
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