Municipal board upholds City of Winnipeg decision rejecting Lemay Forest plan

A provincial board has upheld a City of Winnipeg decision rejecting plans to build an assisted-living facility on a piece of hotly disputed land known as the Lemay Forest.

Tochal Development Group had proposed building a 5,000-bed, 2,500-unit facility on 18 hectares of forested land along the Red River in St. Norbert. 

People living nearby, along with Indigenous groups and environmentalists have opposed the project, leading protesters to temporarily block access to crews coming to clear trees, and charges against some of the demonstrators. 

In September, council rejected the plans, arguing the proposed facility was too big for the site. 

The owner appealed the decision to the Manitoba Municipal Board, a provincial body with the authority to overturn city land-use decisions. 

Hearings began in February, and the board released its decision on Wednesday, rejecting the appeal and allowing the city's decision to stand.

"In the board's opinion, the proposed development, at nearly three times the total population of St. Norbert, is not contextually suitable or the area," the board wrote in its decision.

It noted that a smaller development of no more than 800 units would have been acceptable, but it lacked the authority to order the reduction.

"Not only did neither of the parties propose a pathway for the board to approve the development application at a reduced density, but the parties were also clear in their respective positions that the development application be considered by the board at full density," the decision stated.

The board recommends the developer resubmit plans for a smaller project.

On Monday, the same day work crews returned to the site to resume cutting down trees, Manitoba Premier Wab Kinew announced the province would expropriate the land to turn it into a provincial park. 

Opponents of the project have argued it would destroy a sensitive natural area popular with nearby residents as a place to enjoy greenspace. 

The forest is also the site of a historical cemetery site belonging to a former orphanage. Research by the Manitoba Historical Society has found at least 3,383 children died at the facility.