Development News
Beeton Woods, Simcoe County
Location: 6386 and 6416 9th Line, Concession 9, Part lots 8, 9 and 10 in New Tecumseth, north of Beeton
Proponent: Maria Rizzardo, Tecumseth Estates Inc.
Topo map (2018)
Before (2002)
After (2016)
About Beeton Woods
A short walk north of Beeton along the old rail line (proposed as part of the Trans-Canada Trail) used to lead to a 35-acre mature forest. The forest nicknamed “The Beeton Woods” by local residents, housed mixed hardwoods including endangered “retainable” Butternut trees, and was blanketed by trilliums in the spring.
The Beeton Woods was listed as significant woodland and Environmental Protection 1 and 2, which included Category 1 (west forest) and Category 2 (east forest) Significant Woodlands under the Town of New Tecumseth's Official Plan. (article)
A previous owner enjoyed the woodland on the edge of Beeton and had no objection when residents used the trails. That changed when the land was purchased by Tecumseth Estates (the Rizzardo family).
In late 2011, the landowner of the 241-acre property started to illegally cut trees. Local community members brought the illegal tree cutting to the attention of the Township. Since the tree cutting involved more than a hectare of land, jurisdiction fell to Simcoe County’s forest conservation bylaw.
In January 2012 the landowner applied to Simcoe County for a special tree cutting permit. The Ministry of Natural Resources (MNR) and Nottawasaga Valley Conservation Authority (NVCA) undertook environmental impact studies over the next couple of years.
In January 2015, the proponent, the Rizzardo family (Tecumseth Estates Inc.), was granted a special permit by Simcoe County council to remove the trees (30.6 acres) to expand an existing agricultural area for agricultural purposes.
On March 3, 2015, the permit was suspended after the Town of New Tecumseth requested an investigation into the application approval process. Community activists pointed that there was an active development plan under consideration with the Town of New Tecumseth when the tree cutting application went to Simcoe County. It is unknown whether the Proponent disclosed to Simcoe County that there was an active development plan with the Town at the time, and it seems that no one notified the abutting land-owners of the clear-cutting as required by law.
The tree-cutting proposal never went before New Tecumseth Council, and Township Representatives (Mayor Rick Milne and Deputy Mayor Jamie Smith) were absent from that particular Simcoe County Council meeting (due to the town’s budget deliberations) and did not vote on the decision to allow the special permit.
The Town of New Tecumseth and local residents raised objections that included lack of public notice, environmental repercussions (loss of wildlife habitat), potential flooding, lack of archeological assessment, poor administrative and legal process, and the pending development application.
There were enough objections and anomalies in the approval process that citizens group, AWARE-Simcoe, agreed to lead the opposition and press for a judicial review with pro bono legal assistance.
On May 1, 2015 Tecumseth Estates withdrew their development application.
Once the development application was withdrawn, there was reason enough to approve the tree cutting application to expand an existing agricultural area for agricultural purposes. In order to proceed with the cutting, the landowner was told to scale back the initial tree-clearing plan from 34.7 acres to 30.6 acres in order to create a buffer to protect the Beeton Creek. (source) Additionally the NVCA recommended a replanting program for the butternut trees.
Once the development application was withdrawn, AWARE-Simcoe and local community activists effectively lost their case. Their opposition was successful in that the development permit was withdrawn, but ultimately defeated by the cutting of the woods.
The proponent and Simcoe County were awarded legal costs from AWARE-Simcoe in the amount of $27,000 and $5,000 respectively. However, the group operates on a shoe-string budget so the award is effectively a SLAPP (strategic lawsuit against public participation) suit.
Beeton Woods Timeline (chronological order)
|
Date |
Event |
|
2003 |
Tecumseth Estates applies for New Tecumseth official plan and zoning bylaw amendments to redesignate and rezone the lands for residential use. |
|
2005 |
New Tecumseth refuses to include the property in the Beeton Secondary Plan, thus leaving it outside the Beeton community boundary. Tecumseth Estates, which has a long-term goal to build 900 homes on the property, appeals. |
|
2007 |
Tecumseth Estates abandons the appeal. |
|
2008 |
In response to a query from the Town, Tecumseth Estates asks that its development applications be kept open. |
|
2011 (Comment) |
The Environmental Commissioner of Ontario’s annual report highlights a concern about agriculture being increasingly used across the province as a pretext for clearing land. “Natural heritage features are being destroyed as farmlands are being prepped for subdivisions and aggregate operations under the guise of ‘normal farm practices’.” |
|
January 26, 2012 |
Illegal tree cutting brought to Simcoe County’s attention. Simcoe County issues a stop-work order as Tecumseth Estates is found to have cut one to two acres of forest without a permit. Landowner applies for special permit. (source) |
|
March 2012 |
An inspection reveals the stumps of four endangered butternut trees stacked beside a barn. Tecumseth Estates is fined $356 for its infraction of the county’s Forest Conservation Bylaw. |
|
October 25, 2012 |
As discussion continues regarding Tecumseth Estates’ desire to clear the forest for agriculture, MNR advises Simcoe County that protecting butternut trees in their natural habitat is preferable to removal and replacement via planting seedlings in another location. |
|
Early 2013 |
Tecumseth Estates applies for a special permit to clear-cut 35 acres of forest for agriculture. MNR requires a compensation plan for the loss of butternut trees. NVCA requires a buffer to reduce impact on an area stream. |
|
|
Forestry consultant hired by Proponent. Ministry of Natural Resources (MNR) reviews and addresses at risk species (butternut trees) |
|
|
Nottawasaga Valley Conservation Authority (NVCA) reviewed the plan and issues Environmental Impact Assessment (EIA). The EIA included recommendations such as buffers to protect the local creek, an agreement to remove certain trees at the property, and to conduct compensation planting on other areas of the property. (source) |
|
October 2014 |
Environmental Impact Study prepared by a consultant for Tecumseth Estates with a plan to address butternut trees and water issues is completed and accepted by MNR and NVCA. |
|
January 13, 2015 / Feb. 2, 2015 |
Rizzardo family granted a special permit by Simcoe County to remove approx. 35 acres of mature trees for agricultural purposes. Oro-Medonte Deputy Mayor Ralph Hough is the only councillor to question the application, which county council then approves without further comment. |
|
Jan. 27 – Mar. 3, 2015 |
Tree cutting activities resume. |
|
February 2015 |
A petition is launched to save the Beeton Woods. Hundreds sign (final number 2,300). They raise concerns about flooding, water and air quality, and wildlife habitat, especially for migratory birds. Abutting landowners raise the issue that they have not been notified as required. |
|
March 1-2, 2015 |
Residents protest on Line 9. New Tecumseth Council holds a special meeting to pass a resolution calling on the County to revisit the application and suspend the special permit. |
|
March 3, 2015 |
Simcoe County issues stop-work order (#2015-035). Special permit suspended upon request by New Tecumseth to review the Simcoe County’s application approval process. Protesters setup roadblocks at the site. |
|
April 14, 2015 |
Simcoe County appeal hearing to stop work order. County Council holds a special semi-judicial hearing under the Statutory Powers Procedure Act (not the Municipal Act). Fourteen (14) people address County Council including County Forester Graeme Davis, lawyers representing the 9th Line property owner, the Rizzardo family, the Town of New Tecumseth, many residents and AWARE Simcoe. Davis tells the hearing that a number of factors including an “error in procedure,” meant that proper notification wasn’t given abutting landowners prior to the special permit being granted in January. He explains that the application had been complicated because of the (illegal) removal of endangered butternut trees. Ian Rowe, acting for the Rizzardo family, argues that his client could not be faulted for errors made by the county. Lawyer James Feehely, acting for the Town, says the special permit would allow Tecumseth Estates to avoid its obligations regarding open development applications on the property, under the Town’s tree preservation bylaw and its archaeological assessment requirements. AWARE Simcoe’s submission stresses the important contribution of private landowners in preserving forest cover in southern Ontario, where Crown land is the exception rather than the rule. AWARE Simcoe recommends that the County explore purchase of this agricultural property as an amenity for Beeton residents and to maintain an important natural link in the fragmented landscape of south Simcoe: “One of the criteria for designating a High Conservation Value Forest under your forest management plan is whether it is fundamental to meeting the basic needs of local communities. We submit that without the nearby forest, the quality of life in Beeton will become significantly diminished, and its purchase is worthy of serious consideration.” Councillors reserve their decision and adjourn to May 12. They are advised not to discuss the evidence with anyone or deliberate among themselves until the hearing resumes. The County advises participants and the public that no further presentations would be allowed. |
|
Mid-April, 2015 |
Beeton residents learn that the NVCA had not been made aware that there was an open development application on the property before it approved the Environmental Impact Study. This is an important fact because the scope of the required Environmental Impact Study would have been different, making the one completed in 2014 insufficient. The omission also raises the issue of whether the special permit – specifically for agriculture – would have been given the go-ahead in 2014 and ever been submitted to County Council for approval in January 2015. |
|
April 29, 2015 / May 1, 2015 |
Tecumseth Estates withdraws its application for an OPA and rezoning to permit residential development on the land. Rizzardo family withdrew development applications |
|
May 12, 2015 / May 14, 2015 |
Simcoe County rules on Beeton Woods and stop work order lifted (#2015-035). County Council reconvenes and receives information on the withdrawal of planning application from Rowe representing Tecumseth Estates. Before the hearing the Clerk refuses a request from two (2) Beeton participants for the right to respond to Rowe with their position on the withdrawal and how key underlying issues still have to be resolved. The Clerk also fails to forward to Council information from the Town regarding its tree compensation bylaw. Twenty-seven (27) members of council are present. They vote 15-12 to lift the stop-work order and confirm the special permit with no conditions (conditions could have included compliance with the Heritage Act or compliance with the town’s tree compensation bylaw). A subsequent more detailed resolution passes by 18 votes to 9. Councillors Brian Smith and Anita Dubeau voted even though they were absent from the initial April 13 hearing and did not hear any of the evidence or testimony. |
|
May 27, 2015 |
The County Clerk advises Beeton residents who protest that Council should have heard from them as well as the developer at the May 12 hearing that “any person may exercise their right of appeal” and to discuss the matter with a lawyer. |
|
June, 2015 |
Beeton residents take the Clerk’s advice. They receive legal advice that an application for a judicial review is warranted on the grounds that natural justice was denied by the County’s selective consideration of information submitted after the April 12 hearing, and because councillors who had not heard the evidence participated in voting. |
|
June 12, 2015 |
Simcoe County appeal deadline. |
|
July 9, 2015 |
AWARE Simcoe’s board meets with its Beeton members and their lawyer. In the absence of an incorporated group in Beeton AWARE Simcoe agrees to take on the legal action and to seek a judicial review of the County’s decision. |
|
August 6, 2015 |
Judicial review is set for March 2016. AWARE Simcoe applies for a temporary injunction on the grounds that if the forest is cleared before that date there would be no point to the judicial review. |
|
August 19, 2015 |
AWARE Simcoe’s injunction application is heard in Barrie Superior Court with lawyers for Tecumseth Estates, the County and AWARE Simcoe present. |
|
August 26, 2015 |
Judge denies temporary injunction (article) Justice Margaret Eberhart denies AWARE Simcoe’s application for an injunction. She finds that the County “floundered procedurally” by not notifying abutting landowners and at it’s quasi-judicial hearing – but that an injunction against the tree cutting would be “a disproportional response to an error that went to natural justice but did not result in an error tainted by a denial of natural justice.” |
|
August 28, 2015 |
Protection under Migratory Bird Act expires (protecting nesting birds) |
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September 8, 2015 |
Warden Gerry Marshall tells county councillors he wants a staff report on whether the County can recover its legal costs from AWARE Simcoe. |
|
October 13, 2015 |
County staff report estimates total legal costs at $23,000. It notes that even if costs are awarded, council can choose to waive. Councillors vote to proceed with seeking costs with New Tecumseth’s mayor and deputy mayor among those in opposition. |
|
October 14, 2015 |
AWARE Simcoe lawyer’s written submission on costs is that the group meets the definition of a public interest litigant and he argues that precedent supports that all parties should bear their own costs. |
|
November 10, 2015 |
Justice Margaret Eberhart awards costs against AWARE Simcoe - $27,000 to Tecumseth Estates, $5,000 to the County. She states she had considered ordering the County to pay a portion of the developer’s costs. Simcoe County allows 3 months delay. |
|
November 16, 2015 |
Maude Barlow, National Chairperson of the Council of Canadians, is among those who appeal to Simcoe County Council not to seek to collect the $5,000 awarded by the court, stating: “We believe that the efforts by the injunction applicants were worthy and laudable and that democracy is best served by encouraging public participation in all levels of government.” |
|
November 23, 2015 |
County councillors vote to seek $5,000 in costs from AWARE Simcoe. |
|
December 7, 2015 / January, 2016 |
Tree cutting activities resume. |
|
January 27, 2016 |
AWARE-Simcoe withdraws judicial review application “the damage [to the trees] has been done” (article) |
|
April 26, 2016 |
Simcoe County votes to pursue $5,000 in legal costs from AWARE-Simcoe (article) |
|
September 4, 2016 |
An AWARE Simcoe Director wonders whether it is appropriate for the County to act as an agent for a developer. A news report that County lawyer Marshall Green, in pursuing the legal costs, is also acting for Tecumseth Estates. Green maintains that “it is a common practice when there are multiple creditors of a party, that one of the lawyers for one of the parties undertakes an examination in aid of execution on behalf of all of them.” |
Beeton Woods News (most recent first)
|
Date |
Source |
Title |
Comment |
|
2016-10-14 |
Creemore Echo |
Barry Burton |
|
|
2016-10-07 |
Creemore Echo |
Donna Baylis |
|
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2016-09-30 |
Creemore Echo |
Barry Burton |
|
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2016-09-23 |
Creemore Echo |
Donna Baylis |
|
|
2016-09-20 |
AWARE Simcoe / New Tecumseth Free Press |
LTE: County as ‘agent’ for Tecumseth Estates, ‘inappropriate’ |
Stephanie MacLellan |
|
2016-09-14 |
AWARE Simcoe |
|
|
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2016-08-24 |
AWARE Simcoe |
Stephanie MacLellan
|
|
|
2016-04-26 |
AWARE Simcoe |
Kate Harries |
|
|
2016-01-27 |
AWARE Simcoe |
AWARE Simcoe withdraws Beeton Woods judicial review application |
|
|
2015-12-08 |
AWARE Simcoe |
Kate Harries |
|
|
2015-11-16 |
Madhunt.com |
Barlow adds voice to criticism of costs' award, 'number of options' under review |
|
|
2015-11-15 |
AWARE Simcoe |
Kate Harries |
|
|
2015-11-10 |
AWARE Simcoe |
AWARE Simcoe hit with order to pay $32,000 in fixed costs for Beeton woods review |
New Tecumseth Free Press Online |
|
2015-10-14 |
AWARE Simcoe |
County councillors press ahead for AWARE Simcoe costs decision |
- bad news for non-profit citizens groups everywhere |
|
2015-10-13 |
AWARE Simcoe |
Tuesday October 13: County Council debates legal action against AWARE Simcoe |
|
|
2015-10-07 |
New Tecumseth Free Press Online |
County legal cost submission awaits final direction from council |
|
|
2015-09-30 |
New Tecumseth Free Press Online |
Next round of Beeton woods fight is cost recovery application |
|
|
2015-08-28 |
AWARE Simcoe |
AWARE Simcoe unsuccessful in bid to postpone clear-cutting of Beeton Woods |
|
|
2015-08-26 |
AWARE Simcoe |
Judge sides with Tecumseth Estates, calls injunction ‘a disproportional response’ |
|
|
2015-08-07 |
Simcoe.com / Alliston Herald |
Brad Pritchard - AWARE Simcoe - judicial review application filed August 6, 2015 in Barrie. |
|
|
2015-07-14 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2015-06-15 |
GoFundMe |
|
|
|
2015-06-17 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2015-06-02 |
Simcoe.com / Alliston Herald |
New Tecumseth won’t appeal Simcoe County decision on Beeton forest |
Brad Pritchard |
|
2015-05-12 |
Simcoe.com / Alliston Herald |
Simcoe County approves tree-clearing activity at Beeton property |
Brad Pritchard |
|
2015-05-12 |
Simcoe.ca |
Final Decision in the Matter of an Appeal of County of Simcoe Stop Work Order 2015-035 |
|
|
2015-05-11 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2015-05-01 |
Simcoe.com / Alliston Herald |
Brad Pritchard - on the books since 2008 |
|
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2015-04-23 |
Simcoe.com / Alliston Herald |
Danny Beaton
|
|
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2015-04-14 |
Simcoe.com / Alliston Herald |
Brad Pritchard - deferred to May 12, 2015 meeting |
|
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2015-04-14 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2015-03-29 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2015-03-19 |
Simcoe.com / Alliston Herald |
Appeal hearing date set for Beeton landowner’s tree-cutting permit |
Brad Pritchard |
|
2015-03-11 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2015-03-10 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2015-03-04 |
Simcoe.com / Alliston Herald |
Brad Pritchard - cutting took place between Jan. 27 and Mar. 3, 2015 |
|
|
2015-03-03 |
Simcoe.com / Alliston Herald |
Brad Pritchard |
|
|
2014 |
Change.org petition |
Jared Cox 1,792 supporters |
More Beeton Woods Information:
Facebook - Save the Beeton Woods closed group
Opposition Contacts: Stephanie MacLellan, Nicole Cox, AWARE Simcoe
Go Fund Me Campaign: https://www.gofundme.com/savethebeetonwoods / youtube video
General Beeton Area News
|
Date |
Source |
Title |
Comment |
|
2017-06-12 |
Madhunt.com |
Beattie farm sold to Flato with 'hopes that one day we will be developing it' |
- FLATO |
|
2017-01-09 |
Madhunt.com |
New player on local development front wants name on NTRC, is buying 426 acres |
- FLATO |
|
2009-08-21 |
Globe and Mail |
Privacy commissioner slams Simcoe County over landfill issue |
Jill Colvin |
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Disclaimer: This information has been compiled through private amateur research for the purpose of allowing the reader to make an informed and educated decision. However, while the information is believed to be reliable, accuracy cannot be guaranteed.
APPENDICES
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