Heather Wright/The Independent

Petrolia has paved the way for more homes to be built in a woodlot in Countryview Estates. And at least one councillor says the move will hurt the woodlot’s habitat.

Monday, in a 3-2 vote, council agreed to remove the Significant Woodlot status from the land owned by Elbee Developments allowing housing to be built in an area which has endangered species. But the western woodlot will need another Environment Impact Assessment study before more homes can be built.

The decision comes after years of disagreement about whether the developer should be able to remove trees to build.

The Countryview subdivision plan was approved in 2007 and included 72 homes in the woodlot. Over the years, the town designated that part of the property as a significant woodlot. Elbee Developments came to council in 2021 to move ahead with the homes in the trees. Town council agreed and removed the woodlot designation. 

Neighbours in the area went to the Ontario Land Tribunal in 2022 saying studies done by the developer were not detailed enough. They said there were endangered species present.

The OLT agreed, ordering the developer to complete an Environmental Impact Study.

The study shows there are endangered trees – the Butternut and Black Oak – and an endangered Little Brown Myotic bat was also recorded on the land. The study also found the area to be 22 acres – not 17.

Elbee then created a plan for 34 homes in the eastern half of the property. An 18-meter buffer of trees would line the properties and there would be a 25-meter buffer around a mature Butternut tree in the area.  About nine acres of trees would be removed and new trees would be planted in the Bear Creek flood plain.

Lambton’s planner recommended the remain bush on the west side be declared an Environment Protection area. 

But the developer worried “the public may see that as a signal that the rest of the woodlot will never be developed.”

So, Deputy Mayor Joel Field suggested removing the Significant Woodlot designation on all the property but placing a “Hold” on the land, meaning Elbee couldn’t build houses there without another Environmental Impact Assessment.

Councillor Liz Welsh opposed the move. 

“Development at any cost is not good planning or responsible development.”

Welsh pointed out the study confirmed there is a “highly vulnerable aquifer” in the area as well as the endangered plant and animals. 

She added the area meets almost all of the markers for a significant woodlot. 

“I remain unconvinced that there will be no negative impact. You cannot remove a significant portion of a woodlot habitat and not have a negative impact.”

Councillor Chad Hyatt was concerned about the plan to replant the nine acres of woodland in the Bear Creek flood plain. Neighbours believed the land would be too wet for the trees to grow. Hyatt pointed out experts say there is only the “potential” for the trees to grow in the area.

“There’s no documentation, no reports to saying that we can actually do this and it will be a successful result,” he said adding without more studies, he couldn’t support taking down the woods.

Field said there is never a guarantee that trees will establish in any area. He added large trees can be seen in the flood plain now.

Only five councillors were on hand for the decision. Hyatt and Welsh opposed the move while Deputy Mayor Field, Councillor Debb Pitel and Mayor Brad Loosley voted in favour of the changes, with Loosley commenting “I think this has been going on for such a long time, I certainly like to put this to rest.”

Whether the issue is laid to rest is yet to be seen since the same neighbours who fought the development at the OLT are opposed to any plan which destroys the woodlot.