The City of Winnipeg has ordered the developer of a controversial proposal to transform the Lemay Forest into an assisted-living facility to “cease and desist” from further tree removal.
But the developer alleges the bylaw is being applied in a way that brings basic property rights into question.
Dozens of trees were chopped down on the private land owned by Tochal Development Group Tuesday morning, before work came to a stop about 90 minutes later.
MIKAELA MACKENZIE / WINNIPEG FREE PRESS FILES
Piles of recently felled trees were seen at the Lemay Forest this week.
In a written order Wednesday, the city said a bylaw prohibits any development — including the removal of soil or vegetation from the land — from happening without a permit.
“Accordingly, you are hereby ordered to immediately cease and desist all operations of vegetation removal at the properties… until the required permits and/or approvals are obtained for such development,” the order says.
Project planner John Wintrup said the order came as a surprise and implies owners have little freedom over their own properties.
“If you’re mowing your lawn or plucking carrots out of your garden, that’s removing vegetation. (Are) people coming down and getting permits or (is) the city doing enforcement on that?” asked Wintrup.
The planner for a proposed 2,500-unit assisted-living facility at Lemay Forest said he thinks the bylaw has been interpreted to specifically “target” this project.
A group of residents have long opposed any development of the forest, urging governments to buy the privately owned land and preserve the trees instead.
Wintrup said the city repeatedly told the landowner he could remove trees at the site.
“We’ve been communicating for a year now, saying we’re going to be cutting trees,” he said. “We asked the city back in August if we needed a permit, they said no.”
Wintrup said the developer will not defy the order but is considering appealing it or taking legal action to challenge it.
The planner said tree-cutting stopped Tuesday because bystanders got too close to construction equipment and falling trees. City officials also asked the contractor to stop.
A member of the Coalition to Save Lemay Forest, which is fighting to stop development of the site, said she’s glad to see tree removal stop for now.
“I think we’re all a little relieved. We’re all still on alert and staying vigilant,” said Cat Macaulay Gauthier.
Macaulay Gauthier said she’d like to see the city implement a tree-protection bylaw, especially to help preserve urban forests on private land.
She rejected the suggestion the order opens the door to dictating how Winnipeggers address trees and other vegetation in their own yards.
“Those are two different things. Cutting grass and destroying a forest just to be vindictive, those are completely two different things, not relatable at all. That makes no sense to me,” she said.
Mayor Scott Gillingham said all rules must be followed.
“If there are rules in place… If there’s permits required for aspects of development, then it’s incumbent on the developer or their agent to understand and know the rules and abide by them,” said Gillingham.
On Thursday evening, council rejected the developer’s subdivision and rezoning applications in a final vote.
City officials did not respond to Free Press questions Thursday about any previous orders issued to prevent tree removal and how far the rule extends to private properties, such as residences.
In a brief email, a spokesman said simply that city rules have been communicated.
“The city is aware of the activity on the property. The requirements for tree removal have been communicated to the property owners. We have no further comments for now,” wrote Adam Campbell.
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Joyanne Pursaga
Reporter
Joyanne is city hall reporter for the Winnipeg Free Press. A reporter since 2004, she began covering politics exclusively in 2012, writing on city hall and the Manitoba Legislature for the Winnipeg Sun before joining the Free Press in early 2020. Read more about Joyanne.
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