Some south Edmonton homeowners opposed to large-scale infill development are taking legal action after failing to change city policy through political channels.
Residents in the Duggan neighbourhood are placing a restrictive covenant on their property titles, in an effort to limit the size and type of future redevelopment — even after homes change hands.
The move comes amid broader debates over infill housing across Alberta.
Earlier this month, Calgary city council voted to repeal a blanket infill rezoning policy following complaints from homeowners about oversized developments.
In Edmonton, opponents say they are trying a different strategy.
Duggan resident Dilip Dasmohapatra said construction next door began months before he believed proper paperwork was in place.
“He did not have a permit to demolish. He got the permit in April, and he demolished it in March,” Dasmohapatra said.
The home beside Dasmohapatra’s house was bulldozed for what residents say will be a seven-unit building at the front of the lot and a secondary house at the rear — on a street without rear-lane access.
Earlier this year, the City of Edmonton approved a development permit for the lot proposing a four-dwelling row house that would contain three secondary suites in the basements.
The permit for the lot on 110 Street near 34 Avenue, which is zoned for small-scale residential, stated the development was not to be used as a lodging house — but area residents suspect otherwise.
“Apparently, there are 29 bedrooms and 28 bathrooms,” Dasmohapatra said.
South of Whitemud Drive and west of Calgary Trail, the low-density suburban neighbourhood was built up in between the 1960s and 1980s and primarily contains single-family homes.
Another resident, Davindra Singh, said the infill development does not match the existing character of the Duggan area.
“It’s just something that doesn’t fit the neighbourhood,” Singh said.
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Signage on the fencing surrounding the demoed lot says the builder is Gurmail Sidhu, while the development permit was submitted by an applicant named Njay Homes Ltd. Global News contacted the developer but did not receive a response.
Residents said they raised concerns with their city councillor, Michael Janz, about the scale of the project but felt their objections were ignored.
“I don’t think city hall is listening at all,” Singh said.
After appeals failed, residents united to pursue a legal approach used elsewhere in the city: restrictive covenants.
It’s a legally-binding agreement that goes on a property title and limits how that property is used or developed going forward — even after it is sold to a new owner.
The tool has been used over many decades in Edmonton, both for residential lots and commercial properties.
The Glenora neighbourhood, which is a century old and one of Edmonton’s most sought-after and expensive neighbourhoods, was established in the 1910s with a restrictive covenant in place in some sections called the Carruthers Caveat.
It was named after the businessman who sold the land to the city, with the caveat that only single-family homes and wide expansive lots be allowed, to maintain his vision of Glenora as a prestigious residential area.
On the commercial side, restrictive covenants have been used extensively by grocery stores to prevent competition from setting up shop nearby, resulting in food deserts.
The restrictive covenant Duggan residents came up with doesn’t ban infill outright, but instead, set limits on any future redevelopment of participating properties, including a maximum height of two storeys or eight metres, caps on the number of units and requirements for on-site parking.
David Greenlaw, a member of the neighbourhood organizing group, said the covenants give future homeowners clarity and protection.
“It will allow people who buy a house in this community to then know that they do have a defence against a multiplex coming in, that is too big for the lots that are in this neighbourhood,” he said.
The cost to add a restrictive covenant to a property title is $210 — an expense many residents appear willing to take on.
Organizers say they have spoken with 459 homeowners in Duggan, with 349 agreeing to add the covenant — about 76 per cent.
City councillor Michael Elliott, who represents a different south Edmonton ward, said the level of participation suggests widespread dissatisfaction with the city’s approach to infill.
“That speaks volumes because that tells me citizens have spoke, talked about these issues, talked to their respective councillors or showed up at public hearings and they’re feeling their voices are not being heard,” Elliott said.
“People are really fed up.”
He said Edmonton should reconsider its infill policies much more extensively than it has already.
“Let’s go back to the drawing board here because clearly we’re doing something that’s incorrect — that’s really infuriating citizens,” Elliott said.
“They’re feeling that council is not listening to them, so now you see communities creating these restrictive covenants.”
Duggan is not alone.
Edmonton Neighbourhoods United says about 25 established communities across the city have asked for help educating homeowners about restrictive covenants as a tool to manage redevelopment.
“What I’m protecting is this neighbour beside me and this neighbour beside me,” Greenlaw said. “When they get the covenant on their home, they then protect my home.”
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Homeowners in Duggan area combating infill with restrictive covenants
