Province says HRM can move ahead on Dartmouth Cove plan with amendments

Provincial release:

Today, November 26, Municipal Affairs Minister John A. MacDonald approved with amendments the Halifax Regional Municipality’s (HRM’s) proposed changes to regional planning documents and bylaws related to Dartmouth Cove water lots. 

HRM council voted in October to restrict infilling and development of the lots and, under provincial legislation, planning changes must be approved by the Province.

“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 Minister MacDonald. “Despite this ambiguity, I’m approving the amendments assuming the municipality can clearly demonstrate they hold the regulatory authority to do so.”

The Province amended the planning documents with a provision obligating the municipality to demonstrate that:
– all parcel identification numbers (PIDs) in the Dartmouth Cove Special Area lie entirely within the municipal boundaries of Halifax Regional Municipality
– the municipality has the authority under Section 235(5)(g) of the Halifax Regional Municipality Charter to regulate infilling, including infilling of lands under water
– HRM has confirmation from the federal Department of Justice that none of the measures infringe on federal jurisdiction.

The Department received HRM’s proposed changes October 15, and on October 30, the Director of Planning determined review by the Minister was required. The Minister had until November 28 to render a decision.

Quick Facts:
– HRM council approved changes to the planning documents on October 7
– the issue of infilling water lots has come up in the past, along the Northwest Arm in Halifax; the Province approved amendments to HRM’s Regional Centre Land Use Bylaw to create a Northwest Arm Special Area on February 8, 2024
– for the Northwest Arm decision, municipal staff reports presented confidence that federal requirements supported the municipal bylaw and there was clear backing from the Government of Canada on enforcement

Additional Resources:
More information on HRM’s Dartmouth Cove changes: https://www.halifax.ca/business/planning-development/applications/plproj-2024-01075-dartmouth-cove-dartmouth