By AMY PUGSLEY FRASER / City Hall Reporter

A construction company will put homes on its Williams Lake lands even if a planned development agreement falls through, the general manager told a public hearing Thursday night.

"If the community council decides not to accept (this project), then we will proceed with as-of-right development," Rob MacPherson told about 60 people who gathered in the Halifax West High School cafeteria.

Mr. MacPherson is in charge of development for Kimberly-Lloyd. The Armoyan family' s company is pursuing a development agreement to put 542 single-family homes, 116 semi-detached homes, 68 townhouses and three apartment buildings on 60 hectares of land between Colpitt Lake and MacIntosh Run in the next 20 years.

As part of its plans, Kimberly-Lloyd promises to give 20.6 hectares of parkland and 78.5 hectares of conservation lands over to the municipality.

That would change if the development agreement is vetoed by the five regional councillors who sit on Chebucto community council - Steve Adams, Linda Mosher, Russell Walker, Debbie Hum and Mary Wile.

The company already has an as-of-right permit to develop the land, which means it meets zoning requirements and no public hearings are required.

They earned that in March 2003 when two members of the community council voted in favour of changing the zoning on Kimberly-Lloyd's piece of land from holding to residential.

If the company went ahead with as-of-right development, the municipality would instead receive two hectares of parkland, Mr. MacPherson said.

As well, they'd likely put up 870 units consisting of single-family homes and duplexes on its land - without any required input from the public.

However, the city hasn't seen any secondary plans for the land, planner Angus Shaffenburg told the group.

A total of 36 people spoke out against the plans over two nights of public hearings, citing adverse effects to the surroundings lakes and ground water from the blasting and the construction.

Mr. MacPherson - the project's sole vocal supporter at the hearings - said the company feels its plans benefit the area through planned transit-friendly communities with pedestrian linkages and parklands. "It's a comprehensive plan that offers many benefits over the as-of-right."

He has said the company would like to commence later this year.

A citizens' group has other plans.

The Williams Lake Conservation Company has appealed the rezoning decision on different points of policy and law to no fewer than four courts and tribunals.

As well, there were rumblings Thursday night about their options if the community council accepts Kimberly-Lloyd's proposal when they reconvene 7 p.m. Monday at the Keshen Goodman Library to make their decision.

A Litchfield Crescent resident told the five councillors that they have a legal duty to protect the area's environmental sensitivities.

"You can't blast the land and protect it at the same time," Dawn Underwood said.