By Pepper Parr
May 4th, 2025
BURLINGTON, ON
The piece of equipment will have that tree down in a matter of minutes. There will be no time for a noise complaint.
When we were made aware that Milton Greens, the developer in the process of adding 98 high-end homes to portions of the golf course, we wondered if the developer had the right to do what they were doing.
That prompted two questions to the City. I suspect that Blake Hurley, the City Solicitor and Commissioner, Development and Growth Management – Curtis Benson would both respond to the question:
Would the removal of those trees at this point in time comply with the city’s tree removal by law?
Or would the conditions in the Ontario Land Tribunal decision over-ride the city bylaw and thus make what is being done legal?
We have sent the questions along to the city’s communications team and will let you know what they dig out.
The light grey part of the image is of existing homes; the full colour is what the developer now has permission to build on what is currently golf course land.
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Bruce, I did my homework. That took me from a rejection to an approval by the city with the conditions stated because the tree was not dead. I had an arborist. The tree was destroying my patio and in its weakened condition if it fell on my house hundreds of thousands of dollars in damage would of occurred. How many of the subject trees are dead? Thank you for your interest.
Almost always, the OLT rules, and by the record of Burlington, the last time I looked, it was in favour of the developer. To be a complete application, the City planners require completion of a list of requirements in the planning amendments and other adjunct actions and conditions needed for the amendment approvals that the developer is requesting, including such things as tree-cutting locations, amounts and timing allowed or stated in the appeal, as approved by OLT.
Especially, as an legally binding OLT appeal decision, this all must be clearly stated in the documents describing all the details at appeal and OLT approval. Violations of these conditions can occur easily if the developer jumps the gun on the stated conditions.
Whether the City tree cutting bylaw trumps OLT decisions, I don’t know. I only think it could, if something small is needed to facilitate the OLT development
To object to this is in the hands of Hurley and Benson.
Very interesting. I had to cut one tree down that was just slowly dyeing and it was destroying my interlocking patio. I had to get a permit for $350 dollars and since I had planted many trees in the past not leaving any room to plant the four trees mandated by the city, I had to contribute another $1000 . How much is the developer paying?
Jim
The Private Tree Bylaw states
7.2 After receipt of a complete application, including any revised or additional
information required, the Manager may:
(c) advise the applicant that no tree permit(s) is required for the work proposed
in the application, and in that case, no further fee shall be payable;
Fee Exemptions
7.4 Application processing fees and permit issuance fees are not required for a tree permit application if any of the following conditions apply:
(b) the tree(s) has been confirmed to have a terminal condition, to the
satisfaction of the Manager;
In those circumstances no replacement trees are required.
Did you do your homework & engage an arborist?