KAREN BEST
Dunnville Chronicle
Wednesday, September 19, 2007 - 09:00
Local News - After receiving notification of a proposed TSC store, Six Nations band council asked Haldimand County to issue a freeze on development.
"We would strongly recommend that Haldimand County cease all development permits until the land claim negotiations are complete and a settlement has been reached," wrote Six Nations band councillor George Montour. "This would greatly help to avoid any future protests/occupations within our mutual territories."
This is a direct threat to this county, said Coun. Lorne Boyko.
In reaction to the letter's content, he refused to accept it as information only, which is the typical procedure.
Instead he wanted to send a strongly worded letter to the provincial and federal governments.
"Haldimand County is not going to stand for this," he said.
To comply with the band council request, the municipality would have to break the law.
When a developer meets all provincial and municipal laws and planning requirements, the municipality is obligated to issue building permits, said county planning and economic development general manager Craig Manley.
If Haldimand County does not do so, the applicant can get an court injunction requiring the municipality to issue permits, he continued.
In issuing permits, the county is not doing anything illegal, and in applying and building, developers are not breaking the law, pointed out Coun. Craig Grice.
In the Aug. 17 letter responding to an application for construction of the retail outlet in the Frank Marshall Industrial Park in Dunnville, Six Nations band council made their position clear. Montour, who chairs the Six Nations land and resources committee, reminded the county about events at Douglas Creek Estates in Caledonia and at a Hagersville housing construction site.
He also stated that this specific site on Broad Street was not paid for or the conditions required for a valid surrender were not honoured. He asked the county to inform the applicant of this unresolved issue.
The site is located within the 1784 Haldimand Proclamation grant of six miles on either side of the Grand River. Britain set aside this area for their allies who lost their territory in the American Revolution.
Coun. Buck Sloat noted that this letter's contents represented a significant change in direction from earlier letters received from the band council, which is provided with notifications of all developments in Haldimand County.
Previous letters on developments expressed Six Nations interests in the lands and outlined land rights based on the 1784 proclamation.