A City of Hamilton forestry officer halted tree clearing at 715 York Rd. in Dundas Wednesday morning, and is inspecting the scene to see if any municipal bylaws were violated by the work.

The Niagara Escarpment Commission is also following up on a resident complaint about clearing of the forested property, which is located within the Niagara Escarpment Plan area and might be subject to restrictive planning policies that limit development and uses. The order to stop did not come in time to prevent a significant amount of tree removal.

City of Hamilton planning spokesperson Allison Jones said there are no active development applications for the property. No building permits have been issued for it.

According to Hamilton land registry office documents, the property was sold in January 2020 by previous owner Samantha Sohal to MMSA Marketing Inc., represented by president Habib Alayche of Hamilton, for $75,000.

The property is located just around the corner from 10 Newman Rd., where the City of Hamilton mistakenly issued a building permit for a home that is not allowed in the area.

The York Road property was listed for sale as far back as 2015, when then NEC manager Ken Whitbread said the site was not developable because it was less than 10 hectares in size. At the time it was listed for more than $629,000.

Existing regulations for the Pleasant View Survey require a minimum 10-hectare lot for construction of a single family home. However, a site-specific exception to the city’s zoning that may apply to this particular property might permit development on a 1.4-hectare lot. It isn’t clear how this fits with the more restrictive NEC regulations, which normally supersede municipal bylaws.

At this stage however the city has not approved, and is apparently not reviewing, any application for development of 715 York Rd.

“The property is still subject to the policies of the Niagara Escarpment Plan and any development approved by the municipality would need to comply with these policies,” Niagara Escarpment Commission spokesperson Danielle D’Silva said. “Without assessing the situation further, the Niagara Escarpment Commission cannot comment on whether there is conflict with the policies of the Niagara Escarpment Plan.”

More to Come.