Part of this Burlington, Ont., golf course is becoming housing — cutting down 425 trees in the process
City of Burlington, Environment and Climate Change Canada investigating amid protests over tree removal
Nicky Marwaha says she was shocked last Thursday when she came home to find her neighbourhood had changed.
Several tall trees on the normally lush golf course her backyard borders were gone — they'd been cut down to make way for a housing development that will see 90 single-detached homes and a six-storey apartment built in the area.
Across the privately owned Millcroft Golf Club course on May 1, in total 425 trees were cut down, drawing outrage from neighbours, some of whom have been frustrated with the development for the past several years.
"It's a massacre," Marwaha said.
The doctor and mother of three moved to the neighbourhood 13 years ago, she said. The biggest draw for her was a beautiful green backyard.
"It's like you have a paradise that's been ruined," Marwaha said, adding her young children have been crying and she's been "devastated."
Developer says removing trees 'necessary' to build homes
The development in question involves reworking parts of a private golf course to construct the batch of homes across four plots of land on the course, as well as the construction of the apartment nearby.
In a statement to CBC Hamilton, a spokesperson for developer Millcroft Greens said they acknowledge "many in the community are disappointed to see the removal of trees," but it's often a "necessary step" in creating new homes.
The spokesperson acknowledged 425 trees were cut down but said Millcroft Greens protected and kept 425 trees and will plant "over 2,600 new trees in the developed blocks."
Critics, including members of community group Millcroft Against Bad Development (the group uses MAD for short), have questioned whether it was appropriate for the developer to cut down the trees when they did.
Kirk Robinson, the group's founding director, told CBC Hamilton that birds are nesting and now many will have lost their homes.
"We've already noticed since they chopped the trees down, we're not getting the birds in our backyard like we usually do."
Trees' removal under investigation, developer says it followed rules
In a statement on May 2, the City of Burlington said it was aware of Millcroft Greens cutting down the trees and was "investigating this activity."
On Tuesday, CBC Hamilton asked why the city is investigating and whether it could provide an update. A city spokesperson refused to comment, citing an ongoing investigation.
Environment and Climate Change Canada is also investigating the tree removal and development.
"Enforcement officers collected information during an on-site inspection," a spokesperson told CBC Hamilton, adding the information is "currently being reviewed" to determine whether there has been any non-compliance with the Migratory Birds Convention Act (MBCA) and Migratory Birds Regulations.
The act prohibits the disturbance or destruction of migratory birds, their nests and eggs, but does not protect trees themselves.
Millcroft Greens said "all work that has been conducted on site was undertaken only after the necessary approvals were obtained."
The developer added that a "certified ecologist conducted multiple nest sweeps to ensure no active migratory bird nests were disturbed."
The suburban north Burlington neighbourhood, which has been around for 40 years, is highly integrated with the golf course, which forms a figure eight through the area.
The neighbourhood was built around the golf course, Burlington Coun. Angelo Bentivegna told CBC Hamilton in an interview.
He said city council did not approve the Millcroft Greens development because it wanted to protect green space as per Burlington's official plan.
The developer successfully appealed to the Ontario Land Tribunal — a provincial body that rules on land-use decisions.
In response, council requested the province overrule the decision, using a Ministerial Zoning Order (MZO), to ensure some open space is maintained.
"We haven't heard back," Bentivegna said Wednesday. "We are basically at their will at this point."
The premier's office did not respond on whether it was considering the MZO request.
Bentivegna said the development has been of great interest to people in the neighbourhood and beyond, as evidenced by a large community meeting held by MAD in late April.
"This kind of development obviously is affecting many people."
Critics say development not worth the loss of green space
Robinson and MAD member Cynthia Shanahan told CBC Hamilton on Tuesday that the group has been opposed to the development since learning about it in 2020.
Their concerns include the loss of green space and its associated environmental and mental health benefits, and the fear of increased flooding as parts of the land are paved.
While the golf course is not publicly accessible space, the neighbours say it is home to trees, birds and animals, and that landscape is beneficial for nearby residents.
"Ninety homes are affecting the lives of 4,400 homes," Shanahan said, referring to the broader neighbourhood.
That's not worth it, she and Robinson said, adding they don't think the construction of 90 homes will meaningfully increase the supply of housing in the city. They also said the homes won't be affordable.
The City of Burlington has a goal of building 2,724 units of housing by the end of 2026, according to its website to meet "the housing needs of the community." That includes 228 affordable units, which it defines as housing for which rent costs no more than 30 per cent of the gross annual income of low- and moderate-income households, or for which rent is at or below the average market rent for similar units.
"Millcroft Greens is designing and implementing a number of measures to ensure that the conditions related to stormwater management will be improved," the developer said.
It said those measures were sufficient to satisfy the Ontario Land Tribunal (OLT), which approved the development after Burlington denied it.
Millcroft Greens also said it's up to the builder, Hallett Homes, to determine prices and that Burlington's official plan encourages building homes that are similar to those in an existing neighbourhood.
Developer notes golf course is private property
Marwaha, Robinson and Shanahan expressed frustration with the OLT decision.
"You need to listen to the people," Shanahan said. Critics have argued the OLT is unaccountable, but others argue its oversight is necessary and say the body can help promote the construction of necessary housing.
Millcroft Greens said the request for a zoning order to stop parts of its work is invalid.
"The OLT issued a decision and our position is that it's inappropriate to ask for that decision to be overturned. Further, it should be noted that the golf course is private property, not 'public' space."
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