Heather Wright/The Independent

Lambton County has given a Petrolia developer the green light to start clearing trees in Countryview Estates.

Elbee Investments has been trying to move forward for years on the next phases of the subdivision which required a large swath of trees to be removed. 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 came to council in 2021 to move ahead with the homes in the trees. Town council agreed and removed the woodlot designation. 

But neighbours in the area went to the Ontario Land Tribunal in 2022 saying studies done by the developer were not detailed enough and there were endangered species in the area.

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

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

Elbee drew up 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 in November the remain bush on the west side be declared an Environment Protection area, although council at the time decided only to put a zoning hold on the land, not rezone the land permanently.

Feb. 23, Lambton County Planner Will Nywening came to council to explain the developer would move ahead with the tree removal to start preparing for the 34 homes. The work was to begin before bird nesting and the active season for bats arrived.

There was some discussion about just where the trees could be cut down. Petrolia Councillor Chad Hyatt found the county’s plan and the plan the town approved were different with four small areas which the county’s plan allowed the trees to be cut down but the town’s did not.

Nywening said the developer agreed to keep those trees in place until a formal agreement can be reached.