Dartmouth Cove Infilling
Council approved a major step to potentially protect the waters in Dartmouth Cove from further infilling. Council approved initiating the planning process that could result in bylaw changes that prevent infilling from happening on all remaining water lots in Dartmouth Cove. HRM’s ability to do this is very much contingent on the federal government supporting the municipality as HRM’s jursidiction in the Harbour is limited. The feds have the authority, but they don’t have the broader mandate for planning that HRM does. The two of us need to work together.

Cooperation with the federal government started off poorly as the feds wouldn’t commit to allowing HRM to have any direct control on infilling outside the Northwest Arm, and then things went from bad to worse when they unilaterally approved an infilling application in Dartmouth Cove. Faced with a lawsuit from the Centre for Ocean Ventures and Entrepreneurship (COVE), Transport Canada is attempting to rescind that approval though, creating the chance to start again and look at what restrictions on infilling make sense. It’s rare that you get a chance for a do over like this! My sense is the feds are listening in a way that they weren’t before and I’m grateful for this change of direction. Council voted 12-2 to initiate the planning process in Dartmouth Cove (Councillors Lovelace and Hendsbee voted against).

So what happens next? Like any planning process, there will be public engagement where members of the public and affected property owners have an opportunity to provide input to HRM that could shape what the potential bylaw amendments look like. Staff are expecting that public engagement will occur this fall online. Dartmouth Cove isn’t as well defined legally as the Northwest Arm’s shoreline is so HRM will need to complete a survey of the shoreline to make sure any potential bylaw amendments are clear and can be defended if challenged. If all of that goes well, first reading and a public hearing for bylaw changes could happen early in the New Year. HRM expects this should fit within what we know of federal timelines and will be communicating our planned approach to the federal government (I will also reach out to Darren Fisher’s office directly on this).

There was one strange piece to this planning initiation that I have never seen before. Council received a letter from 4197847 Nova Scotia Limited (the company with ties to Atlantic Road Construction that has proposed infilling their water lot in Dartmouth Cove). In the letter, the company threatened to immediately and indefinitely block public access to the Harbour Trail if HRM initiates a planning process. In eight years on Council, I have never received a letter like this. 4197847 Nova Scotia Limited and Atlantic Road Construction will have the chance, with everyone else, to have input into this project during the public consultation phase and ultimately will be able to state their case to Council in the New Year when potential bylaw amendments are considered at a public hearing. None of that changes the fact that HRM has a legal easement across their property, an easement that existed when they bought it, and that allows for a public walking trail. I have no idea if the threat to block the Harbour Trail is serious or not, but I have confirmed with our legal department that HRM will defend the public’s legal right to access the trail. We will not be bullied.