PLPROJ-2023-01544 - Northwest Arm, Halifax

Request

Staff-led project to consider amendments to municipal planning strategies and land use by-laws to restrict water lot infilling on the Northwest Arm.

Background:

There are currently 155 water lots along the Northwest Arm that represent a combined area of 51.56 hectares. Concerns have been continually expressed through the public and Council regarding the infilling of water lots within the Northwest Arm. These concerns are generally that infilling could narrow the width of the Northwest Arm, restricting its navigability and use for sailing and other boating activities, as well as having potentially negative environmental impacts. 
Authority regarding the infilling of water lots on the Northwest Arm falls under the jurisdiction of the Federal Government through Transport Canada and Fisheries and Oceans Canada (DFO). Recently Justice Canada has indicated on behalf of Transport Canada a willingness to recognize or otherwise permit a limited jurisdiction for the Municipality over infilling on the Northwest Arm. Staff of the department have indicated a willingness to recommending to the Minister of Transport the issuance of conditional approvals under the Canadian Navigable Waters Act (CNWA), over water lot infilling activities on the Northwest Arm. This approach would see Ministerial approvals require applicants to be compliant with the Municipality’s municipal land use regulations. To date, staff of the department have only committed to a conditional approval process under the CNWA applying with respect to water lot infilling activities over the Northwest Arm.

Proposal

Staff is proposing amending the Regional Centre Secondary Municipal Planning Strategy, the Halifax Municipal Planning Strategy, the Regional Centre Land Use By-law, and the Halifax Mainland Land Use By-law to prohibit most water lot infilling activities on the Northwest Arm. Amendments would only permit infilling activities on the Northwest Arm that are related to the following: 
(a)    public infrastructure;
(b)    utility use;
(c)    publicly owned or operated ferry terminals;
(d)    parks on public land;
(e)    municipal, provincial, and national historic sites and monuments; and
(f)    retaining walls. 
In addition, it is also being proposed that a development permit be required from the Municipality for any of the above permitted infilling activities on the Northwest Arm.
 

Process

The planning project will be considered under the MPS and LUB Amendment Process.

Status

NOTICE OF APPROVAL 

TAKE NOTICE THAT Halifax Regional Council did, on January 9, 2024, approve the Staff-led project to consider amendments to the Regional Centre Secondary Municipal Planning Strategy, the Halifax Municipal Planning Strategy, the Regional Centre Land Use By-law, and the Halifax Mainland Land Use By-law to restrict water lot infilling on the Northwest Arm in Halifax.

The planning documents have been reviewed and approved by the Minister of Municipal Affairs and Housing as per the Halifax Regional Municipality Charter.

This notice was posted to this site on Monday, February 12, 2024 in accordance with the requirements of the Halifax Regional Municipality Charter.