The Ontario Land Tribunal (OLT) has approved a controversial development in Kingston, Ont., that would see more than 1,500 homes built at what’s currently a site contaminated by decades of industry.
In 2022, city council voted against the Davis Tannery project — named after a business that once operated there — in a move that was celebrated by environmental groups, but promptly appealed by the developer, identified in multiple media reports as Jay Patry.
In a statement released Monday, the city said the OLT had weighed in with a decision that “approves the development in its entirety, through amendments to both the Official Plan and the Zoning By-Law.”
Those amendments will be shared in a draft of the new official plan, which the city said will be released to the public in mid-August.
“This development marks a major step forward for Kingston, bringing much needed housing to the urban core, and remediating the largest brownfield property in the city,” read a statement attributed to Mayor Bryan Paterson.
“I’m excited to see how this project will contribute to the renewal and revitalization of Kingston’s Inner Harbour.”
Concerns about contamination
The project proposes four phases which would see mid-rise, mixed-use commercial and residential buildings with 1,500-1,670 homes at the site sandwiched between River Street and Belle Park, according to the city.
A minimum of 3,600 square metres of commercial space and a new park along the Cataraqui River are also outlined in the proposal.
The project was opposed by organizations including No Clearcuts in Kingston (NCK), which was a party in the tribunal and argued against removing trees — including a 200-year-old oak — and releasing toxins trapped in the soil.
A media release shared by the group Monday said it was “deeply disappointed” by the decision, adding it allows the “clearcutting of 2000 trees.”
“We are extremely upset and disheartened to learn that the desire of so many Kingstonians to preserve the Tannery urban forest has been thwarted by the Tribunal’s decision,” read a quote from NCK member Kathleen O’Hara.
The group said it has concerns about “dangerous chemicals,” including chromium in the ground and asked how the developer and various levels of government plan to coordinate a safe cleanup.
“Will there be credible, independent monitoring of environmental impacts on a daily basis while the pre-construction clearcutting is underway?” asked Kerry Hill, who was identified in the release as a retired biologist.
NCK also said its members will continue to monitor the project in order to minimize the environmental damage it could cause.
Opponents of the Tannery project have raised concerns about toxins in the soil and clearcutting trees, including a 200-year-old oak at the site. (Dan Taekema/CBC)
In a 78-page document dated July 25, OLT vice-chair Steven Cooke wrote he “accepts and adopts the majority of the contested evidence” and expert opinions provided by the developer.
“The Tribunal is persuaded by the evidence that the proposal promotes efficient development of land, accommodates a range of appropriate mixed uses, intensifies uses within the settlement area, and contributes to the range of housing options, and in particular, remediation of a brownfield as desired by the City,” it reads.
Cooke added that the OLT considered the points raised by those against the project, but “was not persuaded that the concerns they have raised are either sustainable given the evidence offered in support of the planned development, or otherwise bears relevance to the land use planning merits of the proposal.”
However, the tribunal did deny the developer’s proposal to cap part of a wetland, with Cooke writing the provincial policy “clearly states that ‘development and site alterations shall not be permitted.’”
In its media release, the city said there are still a “significant number of steps” yet to come in the planning process for the project.
