Woodlot protection meets opposition
Wed, February 14, 2007
By JOE BELANGER, SUN MEDIA

Landowners and developers want to axe a new city policy protecting the Forest City's dwindling stock of forests.

Some observers fear some landowners have begun razing woodlands to avoid a "significant" designation that would block future development.

The London Development Institute, a development industry lobby, and more than a dozen landowners have appealed the policy to the Ontario Municipal Board.

Meanwhile, during the last month, city staff have investigated three complaints of tree cutting in woodlands owned by developers.

Stop-work orders were issued on two of the properties while the third landowner was allowed to continue cutting because the woodlot isn't under environmental review.

"I'm always concerned when I see the removal of woodlands because we've lost so much the last few years," Coun. Joni Baechler said yesterday.

"I can't say these cuttings are linked with the new policy, but it's always a concern."

No date is set for the OMB hearing.

On Sept. 18, council voted 16-1 to amend the city's official plan to make it easier to designate woodlands significant and protect them from development.

Staff said the move would protect an estimated 96 per cent of the 135 woodlands on 1,700 hectares of undeveloped land outside the city's urban growth area.

The new policy was sparked by fear London risks losing its Forest City brand and violating provincial policy calling for protection of natural areas, especially woodlands.

Still, some landowners, developers and politicians argued a change in how woodlands are evaluated for protection is unnecessary, infringes on property rights and lowers values.

Barry Card, a lawyer representing the London Development Institute and landowners, said the new policy is "illegal."

Card said the city's official plan sets out what landowners can or can't do with their property.

He said the city is using guideline documents to enforce land uses.

Card also questions the legitimacy of the new policy, explaining it ensures almost every woodlot -- "every scrub of land and wetland" -- is significant.

"Suddenly, everything is significant because they say the city doesn't have enough forest cover," he said.

The significance of woodlots is based on factors such as tree species, age and size of woodlot and quality.

The policy will leave the city with an estimated 3,300 hectares of woodland equalling 7.8 per cent of its area. Provincial policy suggests 30 per cent forest cover is "healthy" for cities.

The city's total tree cover is estimated at 16.2 per cent.

Baechler said the city's woodlands policies were previously upheld by the OMB.

"We are the Forest City. It's our brand and it's the responsibility not just of the city but all Londoners to do what we can to protect that brand," she said.

Bonnie Bergsma, the city's ecology planner, said it's possible some landowners will try to protect their land from policy changes, similar to the 1990s when some landowners filled in their wetlands before legislation protecting them was approved.