Halifax council votes to push forward with efforts to restrict infilling at Dartmouth Cove

Halifax council has voted to go forward with changes to infill bylaws at Dartmouth Cove.

Halifax council is moving forward with efforts to potentially limit infilling at the Dartmouth Cove water lots after it rejected a staff recommendation to wait for updates on a waterfront project before making any legislative changes.

Council voted 12-to-five against the staff recommendation to hold off on amendments to bylaws concerning the Dartmouth Cove lots until the Downtown Dartmouth Water Revitalization (DDWR) project is back before them for consideration.

The project, which started last spring, is a public consultation process to lay out a development plan for the waterfront, which stretches from the Macdonald Bridge to the Woodside ferry terminal. Council endorsed the project last year.

“Interest in developing an open space plan and enhancing connectivity along the Dartmouth Waterfront has recently intensified in response to the growing demand for housing, potential for cruise facilities and efforts to revitalize the Dartmouth Waterfront as an active cultural destination,” the project’s website reads. “Past planning and development efforts have also highlighted the benefits and needs for building an access route along the Dartmouth Waterfront that can be used for alternative emergency access.”

Coun. Sam Austin, who voted against the staff recommendation, brought forward an alternative option in the original motion, which looks to make amendments to prohibit most infilling at Dartmouth Cove’s nine water lots.

Council voted 14-to-three in favour of a first reading and public hearing on that alternative. Mayor Andy Fillmore, along with councillors Billy Gillis and David Hendsbee voted against the alternative.

“I think we’re going down a road that’s not ours to follow,” Hendsbee said.

The alternative said the bylaw amendments would be modeled after regulations on the Northwest Arm. Since 2024, Halifax council has required a municipal development permit to infill the Arm and since 2007 it has restricted post-infill uses to boating clubs, conservation areas, parks, historic sites and ferry terminals.

The staff report notes regulating water infilling requires federal government support.

“If we don’t have any rules or regulations, anyone could fill in the lots,” said Austin, whose district encompasses Dartmouth Cove. “Jurisdictional logjammed has plagued this issue.”

Coun. Becky Kent was also critical of the “jurisdictional hot potato” around Dartmouth Cove and suggested their decision could prompt other levels of government to act.

“It’s us taking a stand and saying we want to protect Dartmouth Cove,” she said. “If that stand is approved here today, no doubt in my mind the province will hear about it. I hope it will wake them up to take action.

“We are in the throes of making decisions and in most cases the province sits by. I’m hoping it will kickstart the other jurisdictions of government.”

Hendsbee was critical of the Northwest Arm model, saying it is not as strong as people believe.

“People believe the bylaw we have for the Northwest Arm is the panacea, which it’s not,” he said. “It’s nothing but a paper tiger in my opinion because the federal government still has jurisdiction to approve any infilling of lots on the Northwest Arm.”

The staff report says the approved alternative would create a Dartmouth Cove special area, define a static shoreline for the area and prohibit most kinds of infilling except those linked to public infrastructure, parks, utility uses, retaining walls, historic sites and publicly-owned ferry terminals.

The report notes the municipality’s ability to regulate infilling would be limited without federal and provincial support.

“Implementing changes before the DDWR Project is complete could result in conflicts with the project’s final land use, open space, and emergency access plans,” the report reads. “Modifications to zoning, designations, or lot-specific provisions may also raise equity concerns among stakeholders and could require further adjustments to align with the long-term waterfront planning framework.”

The report says 338 people contact the municipality to express support for restricting water lot development and infilling while three property owners who represent six of the nine Dartmouth Cove lots submitted letters opposing those kinds of restrictions.

Bruce Wood, who represents owners of a Dartmouth Cove property, said council has “acted where it has no jurisdiction.” He noted infill permitting for the Halifax Harbour falls under the authority of Transport Canada and the Department of Fisheries and Oceans.

“The property owners are disappointed in Council’s decision,” Wood’s written statement reads. “It should send a chill to all private property owners that HRM council believes it can create bylaws that effectively take private land from its owner and rezone it solely for public uses.

“We will consider all our options to protect and manage our property going forward.”

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