A prominent Hamilton developer tried unsuccessfully Tuesday to get permission to chop down 106 trees that's he's already cut. The next step in the saga for the developer is court.

Now that the trees are gone ... it's a bit rich to be making that appeal. - Terry Whitehead

Valery (Chedoke Browlands) Development appeared before city councillors Tuesday asking for permission to fell trees it cut in March without the city's approval.

Now the developer faces a maximum fine of $500,000 or more, and wanted council's retroactive blessing.

It didn't work. Councillors such as Judi Partridge of Ward 15 said giving Valery a permit now would encourage other developers to do it.

"This just sends a terrible message out there to other developers that it's OK to clear cut and take down trees," she said.

The situation dates back to Jan. 13, when the developer told the city he planned to chop down trees in a woodland at 820, 828 and 870 Scenic Dr., as well as 801 Sanatorium Rd.

This map shows areas for future development, including the woodlot. (Urban Solutions)

City staff reviewed the notice, as well as three technical reports from consultants, and on March 29, refused the application. But it was too late. Valery had cut 106 trees five days earlier.

Still, the developer retroactively appealed the decision to city council's planning committee Tuesday.

Why ask now?

City bylaw officials charged Valery this week, said Ken Leendertse, director of licensing. Both sides will appear in provincial offences court on Sept. 11, where the Valery corporation faces a charge of as much as $5,000 for each of the 106 trees.

The judge can also add a special fine of more than $100,000 to make sure chopping down trees is more than an incidental hardship for the project.

As for why Valery even asked for permission Tuesday, the developer wouldn't say. Sergio Manchia, who represented Valery, referred questions to lawyer Charles Criminisi. Criminisi said he couldn't comment without consulting with his client.

Leendertse suspects permission would have been a factor in the court case.

"It may have some bearing on the case if in fact they had approved it," he said. But ultimately, "each case stands on its own."

This map shows where the developer cut trees. (City of Hamilton)

Technical experts who appeared for the developer told councillors that many of the trees were Scots pine, which they said is invasive and not conducive to a healthy woodlot. They also said the developer plans to plant new trees.

No rush

The cutting upset residents though, said Terry Whitehead, the councillor who represents the area. And there's no current application for development, so there was no rush.

Valery may have studies to back up the tree cutting, the Ward 8 councillor said. To residents, though, it just looks like making more space to build.

"Now that the trees are gone, as far as my fellow councillors are concerned, it's a bit rich to be making that appeal."

City council will vote whether to ratify the decision on Friday.

samantha.craggs@cbc.ca | @SamCraggsCBC