There was a small victory for a Kingston, Ont., environmental group on Tuesday.
Kingston city council’s recent denial of a plan to redevelop the former Davis Tannery site near Belle Park is being appealed by the developer, and the group called “No Clear Cuts Kingston” has been granted the right to take part in the appeal process.
“It’s going to be a wonderful opportunity,” said Kathleen O’Hara, one of No Clear Cuts Kingston’s five directors.
“It gives us credibility at the tribunal,” she added.
Tuesday, during a “pre-conference” meeting between all sides of the appeal, the chairperson made the decision to give the group party status after both sides submitted arguments.
“This is just the important first step, there are many many more steps to take in this case,” said Richard Lindgren, the lawyer representing No Clear Cuts Kingston.
Patry Developments wanted to turn the former Davis Tannery land into 1,600 condominium units overlooking the Cataraqui River but was turned down by the city’s planning committee last summer.
As the developer’s lawyers prepare to appeal that denial, the environmental group’s participation may make things more complicated.
“I mean really the concern is what specifically No Clear Cuts Kingston wants to add to this hearing from an evidentiary perspective,” said Roberto Aburto, legal counsel for the developer.
Aburto argued against giving No Clear Cuts Kingston party status, saying the group lacked clarity on what evidence they plan to present at the appeal.
“What are the exact issues that they want to deal with?” he said.
Local environmental groups fiercely opposed the plan right up until its denial last summer.
“You don’t cut down 1,800 trees at this point in 2023. You don’t fill in a wetland, you don’t kill wildlife, because we have a biodiversity crisis,” O’Hara said.
She told Global News that having party status “allows us to bring forth our expert witnesses, it allows us to cross-examine the developer’s witnesses, it allows us to make an opening statement.”
The next time the parties are expected to will meet is April 5.
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