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Tecumseth Estates to scale back planned tree clearing area in Beeton

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Jan 18th, 2016
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Beeton Woods

New Tecumseth Free Press January 18, 2016

Tecumseth Estates (Rizzardo) will preserve 12 acres (five hectares), or 40 per cent of its originally planned, Simcoe County approved, clear-cut of approximately 30 acres of woodlot at 6386 and 6416 9th Line in Beeton.

The subject site is 241 acres in area of which 60 acres was forest coverage at this time last year. About 181 acres has been agricultural use – Class 1-3 and 4 soil.

The decision to reduce the size of forest clearing is included in a statement issued to Free Press Online via Tecumseth Estate’s new counsel on this file, Aynsley Anderson of Barriston Law (Ian Rowe has retired).

“Tecumseth Estates, have decided to strike a balance between the local residents and ourselves with respect to the appropriate amount of tree clearing. Notwithstanding the burden of the process required to obtain a permit (of which took almost three years) followed by the subsequent appeal of a stop work order and unsuccessful court challenge by AWARE Simcoe (all of which added exponential cost to the exercise), we will be reducing the area to be cleared. After a further review and field walk of the area, we have voluntarily chosen to reduce the area approved for removal by approximately 5 ha (12 acres), which will be added to preserved area.”

Ms. Anderson also confirmed that Tecumseth Estates will continue to pursue the $27,000 in court awarded costs assessed to AWARE Simcoe last November. The amount owing remains outsanding. AWARE Simcoe was also ordered to pay Simcoe County $5,000 in costs, but only after Tecumseth Estates are paid.

Beeton landowner to clear fewer trees

By Brad Pritchard Alliston Herald

A New Tecumseth landowner is scaling back its tree clearing operation at its 9th Line property in Beeton.

The legal firm that represents the Rizzardo family, who own the property and also run the development company Tecusmseth Estates, released a statement about the decision over the weekend.

“We, Tecumseth Estates, have decided to strike a balance between the local residents and ourselves with respect to the appropriate amount of tree clearing,” reads the statement from lawyer Aynsley Anderson from Barriston Law.

The property owner was given the go-ahead to resume tree cutting at the end of August after a judge denied environmental group AWARE Simcoe’s request for a judicial review into the county’s approval process.

“After a further review and field walk of the area, we have voluntarily chosen to reduce the area approved for removal by approximately five hectares (12 acres), which will be added to preserved area,” Anderson wrote.

She said this equals a 40 per cent reduction from the number of trees that were approved in the special permit granted by Simcoe County, which was 30 acres.

Anderson said the almost three-year process to get the permit from the county, combined with the ensuring appeal and legal battle, “added exponential cost to the exercise.”

The property owner was initially granted the special permit to cut down trees by the county last February to expand an agricultural operation.

The permit was suspended in March over concerns neighbouring property owners weren’t notified about the work.

The permit was upheld following two hearings at county council, but the tree cutting was further delayed when Aware Simcoe filed legal action against the landowner and Simcoe County.

After the judged denied the judicial review, AWARE Simcoe was ordered to pay the legal costs of the landowner and the county – $27,000 and $5,000, respectively.

As part of the ruling, the judge said payment to the landowner takes priority over payment to the county.

In December, county council agreed to delay voting on whether to seek the costs by three months to give New Tecumsesth Mayor Rick Milne time to negotiate a settlement between the landowner and AWARE Simcoe.

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