Halifax looking at ways to restrict future Dartmouth Cove infilling, development

Halifax regional council is looking at how it might restrict future infilling and development in Dartmouth Cove despite the area being federal jurisdiction.

Council passed a motion this week to explore amendments to its planning bylaws after the federal government issued a permit to a construction company to dump 100,000 cubic metres of pyritic slate and quarry rock into the cove without consulting the municipality. 

Infilling of pre-Confederation water lots falls under the sole jurisdiction of Transport Canada and the Canadian Navigable Waters Act.

Transport Canada rescinded the permit in June after opposition from the public and local politicians. 

At the same time, Halifax council asked staff to look at the possibility of changing bylaws to impose restrictions on development at Dartmouth Cove, similar to the Northwest Arm. 

Councillors at odds over legislative authority

"I'm very happy with this work and that this is back before us in quick order," Coun. Sam Austin said at a council meeting Tuesday.

Austin, whose district includes Dartmouth Cove, was one of 12 councillors who voted in favour of staff looking at potential amendments.

Coun. David Hendsbee was one of two votes against the motion.

"We don't have any legislative authority on these water lots," Hendsbee said at the meeting. 

"Until it becomes above the surface and attaches to the shoreline, then we can say we have some municipal interest. But before then, it's a different story," he said. 

Halifax is undertaking the process because Ottawa referenced existing municipal bylaws in the permit to infill a part of Dartmouth Cove, said municipal solicitor John Traves.

"Which led to council's direction for us to go away and look at initiation, which is kind of where we find ourselves today," Traves said at the meeting. 

Public will be consulted

Staff said it will take several months to consult stakeholders such as the port authority, the construction industry and the public. 

"We're thinking of doing a website as well as notifying by mail all of the property owners, including water lot owners," said Luc Ouellete, senior municipal planner. 

Any bylaw amendments could be in front of council as soon as early next year, Ouellete said.

In January, regional council unanimously passed amendments to multiple land-use strategies and bylaws restricting infilling on water lots along the popular Northwest Arm.

Under the changes, infilling along the Arm can only be done under certain circumstances, including for public infrastructure, parks and retaining walls.