Heather Wright/The Independent

A plan to remove about 17 acres of bush in Countryview Estates has been given the green light.

But Petrolia council is making what’s left of the 25 acres of trees a “no touch” area, according to Lambton County Planner Rob Nesbitt. There will be a buffer strip of about 60 feet at the edge of the development and some trees protected in the center which is designated Environmental Protection.

Since February 2020, neighbours in the Countryview Estates have voiced concerns about Developers Bob Leaper’s and Louis Bratanek’s plans to create 74 housing lots in the trees. For about three hours over the course of two meetings, neighbours voiced concern about the woodlot being removed with some saying significant trees, like the butternut, are in the area and should be preserved.

The move also drew the criticism of a local farmer who worries more homes near his cattle operation would mean more problems, including encroachment onto his land and complaints about ordinary farm smells.

Monday, when the issue went back to council to remove the significant woodlot status of the area and zone it residential, people had one more chance to voice their opinions.

Former Petrolia Councillor Liz Welsh, who was on council when the original development which included housing in the trees was approved, was skeptical about the plans, questioning how the remaining trees would be protected.

Welsh says she finds it “odd” that council would remove the significant woodlot status and then label the “disparate few acres that are left” as an Environmental Protection area. The developer plans to keep a 50 to 60 foot buffer of trees around the property edge and a swath of trees through the middle of the property which will now be zoned Environmental Protection areas.

Welsh wasn’t sure that land actually would be protected. “There are currently two very visible properties in Petrolia that have an EP designation on their properties and the owners are flagrantly doing damage and nothing seems to be done. So, I don’t have a whole lot of confidence that the Environmental Protection designation would be honored,” she told councillors.

When asked by The Independent which lots had “flagrant” damaged, she said it wouldn’t be appropriate to reveal that although “council knows what they are.”

Nesbitt says the county would be watching to ensure the trees were protected. “The intent is that those areas are essentially no touch areas.”

Normally, developers would have to replant the same amount of trees they’re removing, however there is not space available. Instead, Leaper and Bratanek will pay $75,000 to a Lambton County fund to buy and plant trees.

“I just find that quite ironic that we’re approving the removal of a significant woodlot with the promise to plant an equivalent amount of trees and yet there isn’t even land for them to meet that contractual obligation,” said resident Ashley Shortridge. “A financial offering in place of those trees isn’t going to improve the environment, it isn’t going to get trees planted, if there is no land to plant.”

Nesbitt says the trees would be planted outside of Petrolia.

Councillors defended the woodlot removal saying there was little else they could do.

“This process was put into motion basically 14 years ago,” says Councillor Grant Purdy. He says council in 2007 approved the idea of cutting the trees when it approved the subdivision agreement without flagging the issue.

“The conditions have been satisfied by the developer…If we were to try and do something to stop that, we face potential court costs, challenges, because basically, the developers have done their due diligence, they’ve done what’s asked and the various government agencies have actually approved this,” says Purdy.

Councillor Ross O’Hara agreed.

“It’s nice if you can leave everything as is forever and never touch it,” he said before the vote was taken. “I think it’s a great development and it needs to go ahead.”

Councillor Joel Field also voiced support, adding he expects the Environmental Protection designation to protect the remaining trees.

Mayor Brad Loosley declared a conflict on the rezoning, saying he had accepted financial help during his 2018 election campaign from Bratanek.

The developers still need a site plan approved before moving ahead.