Dartmouth Cove anti-infilling bylaw passes provincial test: This was a big hurdle

People walk by a banner on the harbour trail on Dartmouth Cove on Sept. 5. Photo by Tim Krochak /The Chronicle HeraldArticle contentHalifax’s bylaw that would give infilling protections to Dartmouth Cove passed the provincial hurdle — with some conditions.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentMunicipal Affairs Minister John A. MacDonald issued a news release Wednesday saying they’ve approved HRM’s proposed changes for Dartmouth Cove water lots.Article contentArticle contentIn October, Halifax regional council voted to test the waters with infilling restrictions, which is in the realm of the federal government (which has given HRM special permission before, as with the Northwest Arm). The province has to sign off on any HRM planning changes.Article contentArticle content“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 MacDonald in the release. “Despite this ambiguity, I’m approving the amendments, assuming the municipality can clearly demonstrate they hold the regulatory authority to do so.”Article contentBut the province is imposing three conditions:Article contentAll parcel identification numbers (PIDs) in the Dartmouth Cove Special Area lie entirely within the municipal boundaries of Halifax Regional Municipality.HRM has authority under the charter to regulate infilling, including infilling of lands under water.HRM get confirmation from the Department of Justice that none of the measures infringe on federal jurisdiction.Article contentArticle contentBruce Wood, CFO of Atlantic Road Construction and Paving (ARCP), said in an interview Wednesday that this approval doesn’t mean much, and Halifax still needs federal approval.Article contentArticle content“I think the province is seeing the exact same thing that we’ve been saying, is that HRM doesn’t have the jurisdiction or authority to make this law so the province has just come back and said, well, if you want to make the law, prove to us, prove to us that you can,” Wood said.Article contentARCP is behind a major infilling project proposed for Dartmouth Cove that sparked a large public pushback.Article content Dartmouth Cove in May 2022. Photo by Tim Krochak /The Chronicle HeraldArticle contentWood said he doesn’t expect the feds will be as accommodating.Article content“I’d say, overall, HRM is in exactly the same position they were before they sent this to the minister. They’re in a position where they need to prove they have the authority to do this.”Article contentTaking the victoryArticle contentJill Brogan with the Friends of Dartmouth Cove is taking this as a win.Article content“This is really exciting because this is a very, very strong step in protecting Dartmouth Cove.”Article contentShe said there is a strong case with the feds because the bylaws don’t contravene the intent of navigation rules with Transport Canada.Article content“We’re very comfortable and confident that there is no problem with these bylaws. So this was a hurdle. This was a big hurdle in terms of moving from where we started to where we are, so I think this was one of the biggest hurdles.”