UPDATE – November 2025
WestUrban’s Section 11 Change Approval Application
Further to our November 2024 update below, WestUrban submitted a fourth RAPR report to the Province. At least three previously submitted RAPR reports were rejected by the Province per Freedom of Information (FOI) documentation. The status of this fourth RAPR report remains unclear.
The Province's own biologist (endorsed by biologist colleagues), who led a site visit with the developer in November 2023, has been firm in supporting – and expanding – the findings of wetlands by Michele Jones, the biologist we are grateful to have assisting Save Simms Creek.
The Water Sustainability Act (WSA), which regulates aquatic ecosystems and natural watercourses including wetlands, also governs the property. The WSA includes Section 11, a variance mechanism that allows an applicant, upon application for a Change Approval, to make complex changes in and about a stream.
This is a provision for any loss of wetland due to unavoidable construction, i.e., if impacts to wetlands cannot be fully avoided by changing the type of housing and/or housing layout. Compensation is sought in the form of wetland construction or enhancement elsewhere to ensure no net loss of aquatic ecosystems and their function.
In layman’s terms, this means a successful Section 11 applicant is given permission to damage wetlands as long as they compensate the loss in another form.
We have learned, again by way of FOI, that WestUrban paid $250 to apply for a Section 11 Change Approval. It is unclear from documentation if this Change Approval has been approved. We do not know if the fourth RAPR report has been approved.
The application appears to rely on information not supported by evidence, and Provincial biologists have written to express their opposition to the Section 11 as WestUrban and its QEPs have neither mapped nor substantiated their claims to the satisfaction of the biologists. No change of type of housing and/or housing layout has been made available. A hydrogeologist has raised serious concerns about water table data and an aquifer.
Provincial approvals are required by the City before they can move forward to review WestUrban's development application.
Save Simms Creek continues to pursue clear answers, and we are prepared to hold the Province accountable. We reiterate our position that construction on these properties is avoidable.
Please continue to write letters to City Hall as this remains the most effective method to have our voices heard. It is important to ensure WestUrban, the City and the Province all fulfill their obligations of due diligence on this proposed project prior to City review of the development application. You may wish to ask the City to:
UPDATE – November 2024
A Provincial Ecosystems Biologist made a site visit to Simms Creek in November 2023. Save Simms Creek is now able to summarize expectations outlined in her letter to WestUrban Development Ltd.’s latest Qualified Environmental Professional (QEP). The letter’s full text is available on the “Learn More” page.
The Province appears to uphold the findings of our biologist, Michele Jones, and in fact expands the scope of wetlands and protected riparian areas.
Further, Dr. Gilles Wendling, P.Eng., Senior Hydrogeologist, has kindly reviewed pertinent Simms Creek reports and raises the following serious concerns:
WestUrban and their QEPs will be required to adhere to Provincial regulations to ensure an accurate Riparian Areas Protection Regulation report is submitted. The Province is suggesting they:
Three separate Riparian Areas Protection Regulation reports (RAPR) by two different QEP contractors were submitted by WestUrban to the Province dated October 2022, April 2023 and August 2023.
The original October 2022 report is the only one available to view on the City’s website as part of WestUrban’s development application.
There is a Provincial provision for any loss of wetland due to unavoidable construction, i.e., if impacts to wetlands cannot be fully avoided by changing the type of housing and/or housing layout. Upon application for a Change Approval, compensation would be sought in the form of wetland construction or enhancement elsewhere to ensure no net loss of aquatic ecosystems and their function.
Save Simms Creek’s position is that construction on these properties is avoidable.
The City has provided WestUrban with direction to not proceed with clearing the lot until the Minor Development Permit Application is approved.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.