Dartmouth Cove infill bylaw hearing set for 2027
In first of many cases, province’s conditional approval to infill bylaw to be reviewed next September.
Two cases concerning Dartmouth Cove and a proposed infill project saw court today to decide on administrative matters, including setting a date for a hearing.
One case will be heard September 14, 2027, in court. According to the judge, this was one of the earliest feasible dates for the hearing.
The case to be heard is a judicial review filed by Halifax Regional Municipality (HRM) against the Minister of Municipal Affairs. It concerns the province’s conditional approval of HRM’s infill bylaw for Dartmouth Cove.
Jill Brogan, co-founder of Save Dartmouth Cove, told the Post that she would prefer the bylaw to already be approved and enforceable. However, she said the hearing date would create further delays for any infill projects and give the waters at Dartmouth Cove more time to improve.
“If we have to wait another year, we’re perfectly happy with that,” said Brogan.
The property owner who hopes to fill in part of their land is a company associated with Atlantic Road Construction and Paving (ARCP) and here referred to as ARCP.
Bruce Wood, CFO for ARCP, was not surprised by the far court date. “Unfortunately with our system, that is the time frame that we would expect it to happen,” Wood told the Post. “We just have to follow the process that’s in front of us.”
The other case that saw court today is between ARCP and HRM concerning the same infill bylaw. This case last saw court on June 11. Since the other case about the bylaw will impact the proceedings for this case, a hearing has not been scheduled. However, the court will revisit the case on March 3, 2027, to decide next steps at that time.
Brogan said it is important to remember that ARCP’s infill project has not been approved by the Department of Fisheries and Oceans (DFO). Right now, even without HRM’s bylaw, ARCP does not have the approval it needs to go forward with the project.
ARCP’s legal battle with DFO to gain approval for their project is ongoing at the federal level.
Life continues at Dartmouth Cove
Last weekend, Save Dartmouth Cove hosted a “bioblitz” at the cove. This is not the first time the group has brought together community divers and snorkelers to document creatures living in the cove waters. Among the pictures from this expedition were eel grass, kelp, anemones, a lobster, and sea urchins.
Brogan said the event is intended to keep the fate of Dartmouth Cove in the public eye.
“We’re going to keep up the fight,” said Brogan. “We’re in it for the long haul.”