BRENDA O’FARRELL
The 1019 Report

Quebec Environment Minister Benoit Charette has revoked the certificate of authorization to backfill part of the wetlands along the waterfront in Hudson’s Sandy Beach area, a move that effectively scraps plans for the proposed 214-unit housing development on the site.

In a detailed four-page letter issued last Wednesday, the minister’s analysis of the saga that traces back to when the permit was first issued in March 2014 was unequivocal, concluding:

“The minister is of the opinion that the residential development project for which the authorization was issued will result in the partial or total destruction of terrestrial environments of ecological interest on the lots targeted by the project and will harm permanently the ecological functions and characteristics of wetlands and terrestrial environments of ecological interest found on adjacent lots.”

The statement continues, referring directly to the owners of the land, Nicanco Holdings, which had proposed the development project:

“Considering that Nicanco has not started the activities referred to in the authorization within the two years from its issuance, the minister is entitled to revoke the authorization … issued to Nicanco on March 31, 2014, for the partial backfilling of a marsh and swamp as well as the complete filling of two swamps, all with a total area of 1.58 hectares, for the completion of the Sandy Beach residential project in Hudson.”

Nicanco and its partner in the now-shelved project, a numbered Quebec-based company, have 30 days to request an administrative tribunal to review the minister’s decision. Officials with Nicanco did not respond to a request for comment.

News of the minister’s decision to revoke the permit was greeted with elation by residents who have been lobbying for the preservation of the wetlands at the site by the shores of the Lake of Two Mountains.

“We’re very thrilled,” said Rob Horwood, a spokesman for Nature Hudson, a grassroots environmental group fighting the housing project. “It’s a game-changer. It puts things back to Square One.”

Horwood cautioned, however, that this does not mean the land adjacent to the public beach area will be preserved. Nicanco can still submit a new request for a permit to build on some part of the land.

“But the new certificate would be evaluated under the laws of today, which are very different,” Horwood said, adding that the land owners would also have to determine whether a smaller development plan would be financially viable.

The minister’s decision, he said, “changes the way everyone is going to think about this.”

The question of whether the town could or should buy the land has been a topic of sweeping debate in Hudson for years.

In August, the town council took a step that could result in the acquisition of the undeveloped land surrounding Sandy Beach by taking advantage of a new provincial law that allows municipalities to register a right of first refusal on properties that are put up for sale.

The area owned by Nicanco around Sandy Beach were part of the 22 lots the town has selected to file a right of first refusal with the land registry, which would give the municipality the option of buying the land if title of the property is ever set to be transferred.

According to a new provincial law that came into effect in April, municipal councils can claim a first right of refusal on any property they would like to acquire for public use, including land for parks.

Once a right on a property is registered by a municipality, if the owner opts to sell it and a buyer strikes a deal to purchase it for an agreed price, the municipality has 60 days to step forward and match the pending sale price. The municipality could also opt not to buy the property if  it is unable or unwilling to match the offer put forward by a potential buyer.

Hudson Mayor Chloe Hutchison could not be reached for comment on this subject earlier this week.

Residents that have been pushing to ensure the land in the Sandy Beach area is preserved are now cautiously optimistic in the wake of the Environment minister’s move.

“This opens the door,” said resident Helen Kurgansky, a former town councillor who was the only member of the previous administration who voted against approving the subdivision plan submitted to the municipality by Nicanco in 2020 that carved the area into lots for the housing development.

“The next steps will have to take some thinking, some doing,” Kurgansky said. “We just have to knock on the right doors and find the right formula. It’s still not a clear-cut win because Nicanco will want to do something with that land.”