'If public hadn't been paying close attention,' Aurora's Henderson Forest lands would be lost

Residents fight for 4 years to protect environmentally sensitive properties

Yorkregion.com
Feb. 9, 2021

The good news?

A group of dedicated residents can protect environmentally sensitive lands from development.

The bad news?

It takes a group of dedicated residents being willing to persevere for years to protect environmentally sensitive lands from development.

That’s how the Henderson Forest Aurora Ratepayer Association sees it.

After a four-year battle, the association is trumpeting a Jan. 26 decision by the Local Planning Appeal Tribunal (LPAT) that rejected a bid to build two estate homes at 672 and 684 Henderson Dr. in the Henderson Forest on the Oak Ridges Moraine.

The properties are “of enormous ecological value,” home to mature woodlands with trees well over 100 years old, wetlands, a section of Tannery Creek and a wealth of wildlife, including endangered bats, snapping turtles, painted turtles and red-headed woodpeckers, association president George Skoulikas said.

Proponents of the developments, Michael Stanek and Losar Developments Inc., had gone to LPAT to appeal an earlier decision made by Aurora’s committee of adjustment.

They could not be reached to comment on LPAT’s decision.

Mayor Tom Mrakas said he’s pleased the board respected the local committee of adjustment decision on the issue.

LPAT recognized the environmental significance of the lands, and said any development must represent the public interest, but also noted that protecting the environment must be balanced against landowners’ rights to develop their property.

While the ratepayers’ association realizes the lands remain “vulnerable” to the potential of new development applications, it is heralding LPAT’s decision as a major victory.

“It’s a huge environmental victory for Aurorans, particularly at a time when the environment is under such vigorous attack by developers,” Skoulikas said.

“However, given the widely known ecological value of the lands and the urgent need to protect our mature woodlands, species, at-risk habitat and biodiversity, we cannot imagine how any future application could ever be approved. It would make a complete mockery of town’s Official Plan and zoning bylaw, and demean Aurora’s very identity as a green community.”

After learning of the proposed estate homes in May 2017, residents launched an extensive and public Save Henderson Forest campaign.

“We suspect that if the public hadn’t been paying such close attention, these lands would have already been flattened, hundreds of trees removed, and wildlife scattered into fewer and fewer areas of remaining habitat. It would have been devastating,” Skoulikas said.

“Secondly, the enormous effort required by the community to obtain environmental justice in this case demonstrates that the current system is flawed. It begs the question as to how many other environmentally sensitive areas, equally as worthy of being preserved, have been lost due to the quality of information provided by those with vested interests in a particular outcome.”

Residents’ concerns are often ignored during the planning process, Skoulikas said.

For example, an environmental consultant for the applicants told the LPAT hearing his firm routinely excludes information from people “not positively predisposed to the project” and suggested residents often don’t understand environmental information properly, Skoulikas said.

Resident Maricella Sauceda, instrumental in sharing information about the ratepayer association’s fight against the developments on social media, applauded the LPAT ruling.

“We hope that this decision reinforces the fact that engaged, informed residents can positively affect planning decisions. Public opinion matters, particularly when emotion is removed and argument is based on facts -- facts about official plans, policies and bylaws,” she said.

“We hope this decision will encourage other resident groups to fight against proposals that contradict regulation and which are clearly not in the public interest.”

The most significant outcome of LPAT’s decision is that a unique, environmentally sensitive area of mature woodlands, wildlife and fish habitats, endangered species and wetlands on the Oak Ridges Moraine are protected, association vice-president Wendy Kenyon said.

“Loss of habitat is a huge issue in Ontario, and we’re glad the situation hasn’t become even worse for our most vulnerable species,” she said.