Dartmouth Cove: N.S. government approves Halifax’s council’s bylaw to restrict infilling

The Nova Scotia government has given approval to Halifax council’s bylaws limiting infilling at Dartmouth Cove.

The Nova Scotia government has approved – with some amendments – the Halifax council’s bylaw changes to restrict infilling at the Dartmouth Cove water lots.

Council passed the bylaw changes in a 12-to-three vote on Oct. 7. The new rule would limit the development and infilling of the nine water lots that span 4.52 hectares.

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

The province said it received the proposed changes on Oct. 15 and launched a review of them on Oct. 30.

“Staff raised questions around the municipal boundary, jurisdiction and whether the municipality has the authority to make planning decisions in areas like the harbour where development land does not currently exist,” said Municipal Affairs Minister John A. MacDonald in a news release from the province. “Despite this ambiguity, I’m approving the amendments assuming the municipality can clearly demonstrate they hold the regulatory authority to do so.”

The province’s approval comes with a few caveats. The municipality must prove:

• all parcel identification numbers in Dartmouth lie entirely with the municipal boundaries
• the municipality has the authority under the Halifax Regional Municipality Charter to regulate infilling
• the municipality has confirmation from the federal Department of Justice that none of these measures infringe on federal jurisdiction

The potential development of Dartmouth Cove has been the subject of intense debate over the past few years. On Oct. 23, Transport Canada gave amended approval to 4197847 Nova Scotia Limited, the company behind the infill project.

Bruce Wood, CFO of Atlantic Road Construction & Paving, previously told CTV News Atlantic they still need a permit from Fisheries and Oceans Canada for the infill work. He noted they plan to use the infill for future housing developments at Dartmouth Cove.

“The idea it’s being used as a dump is just inaccurate,” he said. “Our position is politically we need to be focused on what this city needs, which is housing. We think it will be a great addition to downtown Dartmouth.”

The group Save Dartmouth Cove has held multiple rallies in defence of the site, including one at Alderney Landing last week.

“This isn’t NIMBY, this isn’t just a few people who are worried about their yard,” said Save Dartmouth Cove member and nearby resident Jill Brogran. “This is an entire community. The greater community of Dartmouth and beyond who want this bylaw brought in so Dartmouth Cove could be protected.”

-With files from CTV News Atlantic’s Natalie Lombard, Callum Smith and Jesse Thomas

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