Nova Scotia

With new bylaw months away, Peggys Cove Commission considering rezoning requests

The body that governs development in Peggys Cove says it's waiting on legal advice from the province to decide on how to move forward with rezoning requests, now that a new bylaw won't be complete for months.

Commission chair says they're awaiting legal advice from provincial lawyers

A cluster of colourful houses sits on green rolling hills with chunks of rock, surrounding fishing boats in the harbour
The Peggys Cove Commission, which governs planning and development, has a mandate to balance commercial interests with the preservation of the community. (Cassie Williams/CBC)

The body that governs development in Peggys Cove, N.S., says it's waiting on legal advice from the province to decide on how to move forward with rezoning requests, now that a new bylaw won't be complete for months.

About a dozen people gathered for the Peggy's Cove Commission's (PCC) annual general meeting Monday night at a church hall in nearby Hacketts Cove.

Property owner Eleanor McCain, daughter of one of the founders of the McCain Foods empire, asked why her requests to rezone some of her properties from residential to commercial haven't been addressed.

"This is actually impeding economic development," McCain said during the meeting.

Commission chair Nicole Campbell said they originally hoped to deal with McCain's rezoning requests under the new bylaw, which they thought would be wrapping up this spring. 

But since that didn't happen, Campbell said "we are considering the rezoning applications — it's still under discussion."

Campbell added they are also awaiting legal advice from the province on how to handle the requests.

The PCC is responsible for planning and development decisions for the area to ensure that commercial opportunities are balanced with the need to preserve the community.

The proposed bylaw plan addresses everything from dwelling size to regulations on building materials. It would also see some residential zones along Peggys Point Road turned into mixed zoning for commercial, residential and community purposes — and McCain's buildings would all become compliant.

A map of proposed changes to zoning in Peggys Cove, N.S.
An April 2023 map of the proposed zoning changes for Peggys Cove shows new zoning in red along the main road through the village. The new zoning would enable a mix of residential, commercial and community amenity uses. (Peggyscovelub.ca)

Other residents like Julia Manuel asked about how the current bylaws are being enforced, because some people aren't following the rules.

"There are things that are happening that definitely were not agreed upon by the community," Manuel said.

Commissioners said under the Peggy's Cove Commission Act, their only options are sending property owners letters to let them know how they're not complying. After that, if nothing happens, the legislation allows them to issue a $50 fine — or take the property owner to court.

"It's quite onerous," said commissioner Jeannie Chow. "We currently are not supported by a compliance officer … like many other jurisdictions in HRM. So of course that causes some challenges."

Aiming to finish by September

The proposed bylaw includes a new development officer appointed by the commission who would take over development permits, exemption requests and enforcement.

The province's economic development minister has said she's committed to updating the current legislation to allow for better enforcement tools.

Commissioners said they are hoping to have a second public meeting on the new bylaw in mid-July. There will be another round of edits, with a final version coming back for public hearing by the end of August.

The commission is then hoping to send the bylaw for final provincial approval in September.

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