A landowner, developer and contractor are among those facing charges under Burlington, Ont. bylaws, after they cut down 425 trees on a privately-owned golf course in May.
On Sept. 23, the City of Burlington announced charges under its private tree bylaw against “five parties, including the developer, landowner, and contractor,” alleging the parties caused or permitted the injury or destruction of trees without the required permits between April and June.
The city said it also laid additional charges against the contractor for removing and damaging trees under the public tree bylaw. It said it would not comment further because the matter is before the courts.
Documents filed with Halton provincial offences court show multiple charges against Argo Development Corporation, Argo (Millcroft) Limited, Millcroft Greens Corporation, Timbertek Inc., and 2079610 Ontario Ltd., with a first appearance scheduled for Nov. 5.
When asked by CBC Hamilton for its response to the charges, a spokesperson for developer Millcroft Greens shared an email statement, saying, “We categorically deny these charges and look forward to the matter being cleared up in court.”
CBC Hamilton also contacted Argo and Timbertek but did not receive a response prior to publication.
The development in question involves reworking parts of a private golf course to construct the batch of homes across four plots of land on the course, as well as the construction of the apartment nearby.
It’s been vocally opposed by a group of neighbours called Millcroft Against Bad Development (the group uses MAD for short). The suburban north Burlington neighbourhood is highly integrated with the golf course, which forms a figure eight through the area. In May, MAD members were emotional as they told CBC Hamilton the loss of the trees meant a loss of green space for residents, and irreparable damage to their community.
On Friday, MAD member Cynthia Shanahan said her group was “absolutely thrilled” about the charges.
“We hope they have the book thrown at them,” she said. “We still cry when we look at the stumps.”
In a statement to CBC Hamilton back in May, a spokesperson for developer Millcroft Greens said “all work that has been conducted on site was undertaken only after the necessary approvals were obtained.”
They also said they acknowledge “many in the community are disappointed to see the removal of trees,” but it’s often a “necessary step” in creating new homes.
The spokesperson acknowledged 425 trees were cut down but said Millcroft Greens protected and kept 425 trees and will plant “over 2,600 new trees in the developed blocks.”
Environment and Climate Change Canada (ECCC) was also investigating the tree removal to determine any non-compliance with the Migratory Birds Convention Act Ontario. The act prohibits the disturbance or destruction of migratory birds, their nests and eggs, but does not protect trees themselves.
On Monday, a ministry spokesperson told CBC Hamilton ECCC does not have reason to suspect non-compliance and did not pursue any enforcement.
Members of Millcroft Against Bad Development react to 425 trees coming down
Shanahan says that since the trees came down, the neighbourhood seems noisier and she hasn’t enjoyed spending as much time in her backyard, which backs onto the golf course as many of her neighbours’ yards do.
MAD argues the development, which will include 90 homes, is not worth the destruction or disruption, and that it will not meaningfully increase the supply of affordable housing in the city.
The City of Burlington has a goal of building 2,724 units of housing by the end of 2026, according to its website to meet “the housing needs of the community,” including 228 affordable units.
Millcroft Greens previously said its builder Hallett Homes will determine prices.
Shanahan said MAD still hopes the province will step in and cancel the development, which the Ontario Land Tribunal approved in 2024 after the City of Burlington denied it.
In a June 2024 news release about the tribunal’s decision, the city said the development “did not align with the needs and interests of Burlington residents,” citing “the necessity of preserving green spaces, ensuring sustainable environmental practices, and maintaining the character of existing neighbourhoods.”
According to the city, site preparation work is scheduled on the golf course construction site this fall, including the installation of fencing at entry points. It says site investigation work, including drilling, will occur but does not require city permits. Other near-term work may, the city noted in a Tuesday news release.
