Federal officials mull legal action after highrise development on Carling approved

Wednesday, September 20, 2023

Ottawa Business Journal, By Mia Jensen

A controversial highrise proposal has been approved by the city’s planning and housing committee for the second time, but federal officials are threatening to pursue legal action over the proposal’s impact on the neighbouring Central Experimental Farm. 

Proposed by Taggart Realty Management, the plan involves the construction of two residential towers of 16 and 27 storeys at 1081 Carling Ave. near the Civic Hospital Campus. 

Originally approved by the planning and housing committee in August, the proposal was sent back to committee by council after it was determined that Agriculture and Agri-Food Canada (AAFC) and the National Capital Commission weren’t given enough notice to appear at the meeting.

Committee members voted nine to three on Wednesday to once again approve the proposed development, which will now go to city council for final approval Sept. 27. 

The project has been contentious, receiving significant pushback from community groups, as well as from advocates concerned that shadows cast by the towers will affect research at the experimental farm. 

“Our researchers need to work in a controlled environment,” said Stefanie Beck, deputy minister of AAFC. “This requires predictable levels of sunlight, moisture, climate and soil. The research projects on this site cannot be easily moved elsewhere. If you do allow this development or go ahead as is, you should know that millions of dollars and decades of research will be compromised.”

Thirteen hectares of land on the site will potentially be unusable for research purposes, according to AAFC representatives. 

Beck said in her delegation that the AAFC is prepared to take legal action over their concerns. 

“Our concerns today should also be understood to extend to future development plans around the farm,” said Beck. “We are hoping not to have to take any such action, but we are losing access to research facilities that cost millions of dollars. If we’re being asked to mitigate, there’s a cost to that.”

Tim Marc, senior legal counsel for the city, said liability should not be a major concern in the committee’s decision-making. 

“Agriculture Canada would have the possibility of appealing it to the (Ontario Lands) Tribunal if they do not support council’s decision, as would the applicant,” he said. “The position advanced by AAFC is a novel position. I didn’t find anything in the case law that would support it.”

 

Read this article in its entirety on the Ottawa Business Journal website.