The owners of 140 Garner Road East have re-submitted their application to “relocate” a wetland on their property to make way for the construction of warehouses.

The original application was heavily supported by then-Ward 12 Clr Lloyd Ferguson, who was Chair of the Hamilton Conservation Authority.

Despite Ferguson’s efforts, the Hamilton Conservation Authority Board voted to protect the wetlands.

The developer appealed to the Ontario Land Tribunal.

Since 2021, the Ontario Progressive Conservative government has been re-elected.

They recently implemented changes that decrease protections for wetlands and limit the ability of Conservation Authorities to regulate development.

Before the recent changes, back in March 2022, the Ontario Land Tribunal granted Party status in the appeal to Environmental Defence. In effect, the wetland had its own legal representation.

The pathway for the developer to “relocate” the wetland was very narrow.

Now, in 2024, the developer has “withdrawn” its original application and promptly filed a new application to make use of the new provincial policies.

The OLT dealt with the withdrawal in two case management hearings on October 30 and November 8.

The HCA is expected to deny the new permit, the developer will then appeal the denial, and the OLT will deal with the new appeal under the new rules.

With this in mind, the OLT has set aside Friday, March 14, 2025, for the first case management conference in the expected new appeal.


This was first published in TPR's Email Editior
Email Edition Date: November 25, 2024
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