BRENDA O’FARRELL
The 1019 Report

Legal wranglings that will likely decide the ultimate and twisted fate of the proposed 214-unit Sandy Beach housing development in Hudson now appear will push into next year, as officials with the province’s administrative tribunal have acknowledged receipt last month of a notice of appeal contesting the Quebec Environment minister’s revocation of the permit to backfill part of the wetlands at the waterfront site.

Although the provincial Environment Ministry has not been formally notified of the appeal, officials with the Tribunal Administratif du Québec have confirmed reception of what it calls an “introductory appeal” of the minister’s Oct. 4 decision to pull the permit.

The tribunal received notice of the appeal from site owner Nicanco Holdings on Oct. 18. But as of earlier this week, officials were still awaiting supporting documents that outline the basis for the appeal.

“To date, the tribunal has not held any jurisdictional proceedings, since it is awaiting reception of the administrative file,” communication officials stated in response to inquiries made by The 1019 Report.

See SANDY BEACH, Page 4.

SANDY BEACH: Next steps
still to be determined

From Page 1

Once the awaited documents are received, “the parties will be convened for a management conference,” the tribunal officials said, where the next steps in the appeal process will be outlined and deadlines set.

The meeting could lead to a conciliation session, the officials explained, which could also lead to

an agreement between the parties or a withdrawal of the appeal.

If there is no agreement or withdrawal, and the appeal proceeds to a hearing. The date for this process will be determined by the parties, the officials said. Once the appeal is heard, the tribunal would then have up to three months to render its decision.

News of the notice of appeal did not come as a surprise for residents who have opposed the housing development.

“This is their last kick at the can,” said Rob Horwood, a spokesman for Nature Hudson, a grassroots environmental group fighting the housing project, referring to Nicanco Holdings.

But he does not believe there is much hope the permit to backfill parts of the wetlands on the site will be reinstated.

“I remain optimistic that the order will be upheld,” Horwood said. “The facts of the case are compelling. The law now has specific protections for wetlands and bodies of water.”

Earlier this month, Hudson Mayor Chloe Hutchison said if there were no appeal and the Environment minister’s move to revoke Nicanco’s permit stands, the town would be willing to discuss options. What those options would be, however, remains unclear.

The landowner could submit plans for a scaled down development plan for the site or possibly sell the land. Hutchison said the town has already looked into the possibility of obtaining a grant to cover about 65 per cent of the purchase price for the site.