Environmental group takes Doug Ford government to court over Hamilton urban boundary expansion

Environmental groups are taking Ontario to court to fight the urban boundary expansion imposed on Hamilton.

Last November, the Tory government rejected Hamilton council's pitch to freeze its urban boundary, instead ordering a huge expansion into the rural countryside that would allow up to 5,400 acres of new housing development.

That move - along with a contentious decision to pull another 1,900 acres out of the local Greenbelt - spurred outrage from residents who fear scarce agricultural land will be paved over in the middle of a climate crisis. The city is not allowed to appeal the urban boundary change to the Ontario Land Tribunal.

But Friday, Environmental Defence announced it is seeking a judicial review, arguing the expansion decision is forcing sprawl on (the city) against their wishes and contrary to law."

The group will specifically argue the ordered expansion is unlawful" and unreasonable" because the province's own planning and growth policies prohibit boundary expansions that are not necessary to accommodate housing demand, said Phil Pothen, a planning lawyer for Environmental Defence.

Pothen argued the city consulted the public, put in the work and ultimately concluded Hamilton could very easily" accommodate the next 30 years of growth within its existing urban footprint. Under those circumstances the minister had no right, in our view, to order the settlement area boundary be extended."

The court documents served on the government Friday ask a judge to quash" the expanded urban boundary and send the matter back to the government for a redo.

Via email, the press secretary for the Minister of Municipal Affairs Steve Clark, Victoria Podbielski, reiterated the province expects Hamilton's population to grow by more than 800,000 people by 2051. That is why, after careful consideration, the minister took the necessary action to accommodate this growth and allow for more desperately needed housing to be built," she wrote.

Podbielski said the minister would not comment further because the matter is now before the courts.

But when asked by The Spectator about the boundary decision late last year, the ministry also pointed out Hamilton planners originally recommended an urban boundary expansion in 2021 - although a smaller one - before being ultimately overruled by a city council seeking an urban boundary freeze.

That decision led to a community-backed proposal to grow within Hamilton's existing urban boundaries by adding gentle density" in single-family home neighbourhoods and adding taller, denser housing in strategic locations, like along the planned LRT corridor.

The minister's decision to reject that boundary freeze goes against the direct wishes of Hamiltonians," said Lilly Noble on behalf of local grassroots group Stop Sprawl HamOnt.

Yes, there's a housing shortage, but that doesn't mean the province can bulldoze through local democracy," the group said in a statement welcoming Environmental Defence's application. The people of Hamilton worked together to plan for smarter growth - to densify, not sprawl - by making the most of underused land within city limits and building modern homes, which need less space."

Clark threw out the urban boundary freeze among 77 specific changes made to the official plan in November. Now, housing development is possible in largely rural areas in Elfrida in east Hamilton, the White Church Road area in Mount Hope and along eastern and western parts of Twenty Road.

There is no court date set yet to hear the application, which is also supported by environmental law charity Ecojustice.

The application technically names the City of Hamilton as a respondent alongside the province, but Pothen said he does not anticipate any opposition to the judicial review request from the municipality.

Mayor Andrea Horwath said late Monday that council still needs a briefing from its lawyers on what the city's legal role or options are in the court action.

But she suggested the request for a judicial review is reflecting a lot of what many Hamiltonians are concerned about" when it comes to urban sprawl, lost farmland and climate change.

We have a conflict ... because the province has not heeded the city's vision and direction when it comes to growth," she said.

Pothen acknowledged Environmental Defence will have to meet a very high standard" in trying to prove the minister's decision was completely unreasonable."

He said the group disagrees with urban boundary expansions imposed in a number of municipalities, but chose to focus on the clearest case" in Hamilton.

There's no question that Hamilton could, and should, be adding these (new) homes within existing neighbourhoods."

Matthew Van Dongen is a transportation and environment reporter at The Spectator. mvandongen@thespec.com