Ring the bell! Round 2 in the battle between trees versus jobs is taking shape.
Two appeals have been filed with the Ontario Municipal Board (OMB), challenging a controversial plan by PenEquity Realty to build a shopping centre next to the 401 where a woodlot and wetland currently exist.
It's a risky last shot that will be watched closely by those who opposed the development.
"The OMB from my perspective is always a crap shoot. You don't know how they are going to rule," says opponent Dean Sheppard from ReForest London.
PenEquity Realty has proposed building a large shopping centre on the property south of Highway 401.
In August, council approved the rezoning but not until a number of conditions were met including an approval from the Upper Thames River Conservation Authority (UTRCA).
But the conservation authority balked at having that responsibility put in their hands, instead opting to appeal council's decision to the OMB.
Western University professor Andrew Sancton says the pseudo-judicial body will now have the final word.
"The Ontario Municipal Board gets to make whatever decision it wants on that issue, regardless of what council has decided," says Sancton.
Documents obtained by CTV News show four reasons for the appeal by the UTRCA.
- Council's decision was premature because the woodlot and wetland have not been evaluated for environmental significance.
- It's premature because provincial policies have not yet been considered.
- The UTRCA must respect wetland protection.
- It disagrees with a zoning change to permit a movie theatre.
The second appeal is being launched by a company called Greenhills SC Ltd.
It is closely affiliated with SmartCentres, the country's largest property developer, which plans to build a Walmart on the site in the not too distant future.
The Greenhills property is within the Southwest Area Plan, which will create new commercial space south along Wonderland Road.
It's a move PenEquity has appealed on the basis there's no justification for so much commercial zoning in south London.
Greenhills is using the same argument against PenEquity's 800,000 square foot proposal.
Sheppard believes the best shot to stop the development rests with the environmental argument.
"Our hope is that the issue of following provincial policy will become important at the OMB, because it says significant woodlands shall not be developed."
