Application by Scotian Materials Limited to amend the Planning Districts 14 and 17 (Shubenacadie Lakes) Municipal Planning Strategy (MPS) and Planning Districts 14 and 17 (Shubenacadie Lakes) Land Use By-law (LUB) to permit extractive facilities, an asphalt plant and a concrete plant in support of a quarry on the property identified as PID 00505941, Perrins Drive, Goffs.
The request is being considered through the plan and land use by-law amendment process.
The application is on hold, at the request of the applicant, pending a ruling by the Supreme Court of Canada on an appeal by Halifax Regional Municipality to a ruling made by the N.S. Court of Appeal.
The Appeal Court heard two appeals by Scotian Materials (formerly Northern Construction Enterprises Inc.) regarding this project. The first was an appeal of a decision of the N.S. Utility and Review Board which upheld a decision of the development officer that a rock crusher, staging areas for crushing equipment, conveyors and screens, wash stations and storage areas for stockpiling crushed or processed aggregate were extractive facilities as defined by the LUB and were not a permitted use in the zone. The Board had also determined that it did not have jurisdiction to determine whether the LUB provisions were beyond the scope of powers granted under the HRM Charter (ultra vires), as had been argued by Scotian Materials.
The second appeal involved a decision of the Supreme Court of Nova Scotia that the LUB was intra vires the powers of the Municipality or in other words “validly enacted”. Although the Appeal Court dismissed the first appeal, it upheld the second appeal by ruling that the Municipality had exceeded it’s jurisdiction.
The decisions of the Utility and Review Board, The N.S. Supreme Court and the N.S. Court of Appeal are presented as follows:
Review Board Decision
Supreme Court Decision
Appeal Court Decision
Documents Submitted for Evaluation
The applicant has submitted plans required by Municipal staff to properly evaluate the application. These materials are also available for review at the HRM Planning and Development office in Dartmouth at 40 Alderney Drive, Dartmouth, 2nd Floor.
19716 Appendix1 Scotian Aerotech Land Holdings