Lemay Forest planner mulls legal action over city decision to reject permit

A planner for the controversial proposal to build a major assisted-living facility at Lemay Forest has warned a legal challenge over alleged city delays is growing more likely, while those rallying to save the trees still hope to stop the development altogether.

For months, a group of St. Norbert residents has fought to stop Tochal Development Group’s housing proposal for the privately owned 22.5-acre property, which was used as a popular urban forest for many years. The current proposal aims to build a 2,500-unit complex that includes 5,000 beds and 5,000 parking spaces.

On April 30, council’s Riel community committee is scheduled to hear an appeal of a staff decision to reject a related application to demolish 823 Lemay Ave. The project’s planner says the demolition is needed to create vehicle access to the site to support preparations for construction.

Planner John Wintrup claims the rejection is an example of deliberate city delays on the proposal, which are making the developer increasingly likely to take legal action.

“I think what the city is doing is very similar to the Parker Lands. And I see on the horizon, there is likelihood of litigation happening, unless they change course… It’s a stronger possibility than not,” said Wintrup, a planner who speaks on behalf of Tochal.

The City of Winnipeg has appealed a judgment that found the municipal government liable for deliberately delaying a proposal to create 1,918 housing units at the former Parker Lands. The city was ordered to pay the developer $5 million. A panel of appeal court judges heard the matter earlier this month and reserved its decision.

Wintrup said Tochal has received two separate offers of $1.9 million and $2.9 million to buy the urban forest with the goal to preserve it, but both fell far short of the land’s value.

“(One offer) was a value of land based (on) 2002 (levels)… To think that land has stayed the same value as (2002) is ridiculous,” he said.

The land’s owner is now focused on adding assisted living at the site, which is located next to the southwest shore of the Red River, east of 35 De La Digue Ave., west of 100 Villa Maria Pl. and north of the homes at 819-915 Lemay Ave.

“Nobody has put in any kind of serious offer (to buy it)… It’s an entire parcel of land within 800 metres of a frequent transit stop, which was endorsed by council last fall (as where the city wants) to intensify (housing density),” said Wintrup.

Manitoba Habitat and Conservancy confirmed it was part of a group that made one of the offers to buy the property. Chief executive officer Stephen Carlyle said the offer was based on a fair, appraised market value and included funding from the provincial and federal governments. He noted the Manitoba Metis Federation has also expressed interest in the property.

“I’d love to see that forest protected. I think there’s still very willing partners with the City of Winnipeg, the provincial government, the federal government and us,” said Carlyle.

Keeping the trees intact serves the non-profit organization’s mission to preserve wildlife habitat, he said.

“Having green space (that is) accessible is great, and building connections with nature, focusing on folks living in Winnipeg, is fantastic… Not even to mention the carbon benefits that those trees provide, the habitat that that forest provides. It’s definitely a little gem of natural green space that will support wildlife, people and… biodiversity,” said Carlyle.

A member of the Coalition to Save Lemay Forest also hopes a public purchase of the site will lead to its preservation.

“As much as housing is important, I do think it’s important that we save the natural green spaces and preserve (them) because there’s not much of that left in the city,” said Jaxon Kowaluk.

Coun. Markus Chambers, whose ward contains the forest, said he believes the home demolition would be premature, as work continues to save the trees. He said a meeting on about potential efforts to buy the land will take place Friday.

“Our offer will bear out what we feel the appropriate value of that land is,” said Chambers (St. Norbert- Seine River).

The councillor rejected the allegation the city is unfairly delaying progress on the development application.

“There is absolutely no intent to delay this process,” he said.

Chambers said the April 30 hearing on the demolition appeal could be postponed a few days, however, because it conflicts with public safety meetings he plans to attend.

In a written statement, city spokesman Kalen Qually said the demolition permit was rejected for a few reasons, since a building permit for new construction isn’t in place for the site.

“Without these applications approved, the city considers the demolition of the house to be premature. Approving the proposal would result in the creation of a vacant lot for an unknown period of time. Vacant lots are often a characteristic of ‘urban blight’ due to their potential to become ‘eyesores’ over time,” wrote Qually.

The provincial government declined to comment.

joyanne.pursaga@freepress.mb.ca

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