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Federal government backs Winnipeg Airport Authority in Polo Park residential development dispute

Shindico Development and Cadillac Fairview want to build commercial and residential buildings on this empty land near Polo Park Shopping Centre. Elisha Dacey/Global News

A massive proposed residential development near Polo Park long opposed by the Winnipeg Airport Authority has been set back following a move by the federal government.

Transport Canada sent a letter to the City of Winnipeg Thursday that confirms the Winnipeg Airport Authority has full authority from the federal government to “speak to local issues affecting the airport,” the letter reads. The airport authority leases its land from the federal government.

In a memo from the city legal department to city councillors late Thursday, just hours before a Friday vote on the proposed development, city lawyers advised that council move to lay over the matter indefinitely — until the province’s municipal board reviews the airport authority’s objections.

Council agreed with the legal department at the Friday meeting following a motion put forward by Coun. Brian Mayes — council voted to lay over the development until the municipal board hearing is complete. The municipal board process could take months or a year.

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At issue is a proposal by developer Shindico Realty Inc. and Cadillac Fairview, CF Polo Park’s owner, that requires amending the Airport Vicinity Protection Area Secondary Plan — a city framework that vastly restricts development on land near the airport to limit the number of noise complaints and protect the airport’s 24-hour operation.

The developers want to construct residential buildings near the mall and have said the plan could be worth hundreds of millions of dollars.

Click to play video: 'Shindico Realty lawyer Justin Zarnowski on the company’s plans for Polo Park development'
Shindico Realty lawyer Justin Zarnowski on the company’s plans for Polo Park development

The WAA opposes the plan on the grounds it could jeopardize the airport’s 24-7 flights if more people live in the area, potentially increasing the number of noise complaints, as many cargo flights occur overnight.

The WAA sent a letter invoking the name of the federal government to city council in early May before a vote on the matter. The airport authority said it was referring the matter to the province’s municipal board, the early May letter read.

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The city then laid the matter over until Friday, May 29.

“Transport Canada has delegated to WAA the authority and responsibility to file an objection to a proposed change to the (Airport Vicinity Protection Area) and to make representations before the Provincial Municipal Board to voice its concern regarding the proposed land use plan and the potential impact on airport operations,” reads the May 28 letter penned by Shari Currie, Transport Canada’s regional director-general, and obtained by Global News.

Transport Canada’s letter is a win for the airport authority.

“We understand the city’s desire for due diligence, and appreciate Transport Canada taking the time to confirm WAA’s authority,” WAA vice-president Tyler MacAfee said in a statement Friday. “A proper planning process ensures Winnipeg can avoid the friction caused by incompatible residential development and airport operations seen in other cities across Canada and around the world.” 

Click to play video: 'Noise rules need to be rewritten before Polo Park development: Winnipeg Airports Authority'
Noise rules need to be rewritten before Polo Park development: Winnipeg Airports Authority

The federal government’s move is a blow to the developers’ plans.

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“We’re disappointed that the Winnipeg Airport Authority and seemingly the federal government don’t trust the city to make land-use decisions in Winnipeg,” Shindico’s legal affairs vice-president Justin Zarnowski said in a brief phone interview Friday.

“That being said, we’re confident that we’re going to be able to win on our merits at the municipal board and we’re hoping that our partners Cadillac Fairview view this as a brief delay and don’t decide to redirect funds and not proceed with this project.”

The municipal board hearing may take over a year, Zarnowski confirmed, but the developer hopes the board will expedite the matter.

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