Residents ask N.S. Supreme Court to overturn provincial approval of Fall River development

A group of Halifax residents is challenging a decision by the Nova Scotia Supreme Court to approve a controversial development project in Fall River. The project, proposed by Perry Lake Developments, involves the construction of three multi-unit buildings on a 12-hectare site, creating approximately 120 housing units.

David Nunn, a resident of Halifax, expressed concerns about the development, stating that it is a complex project that does not quite fit the area. Despite being rejected by Halifax regional council in 2022, the province designated the site as a special planning area in February, allowing Housing Minister John Lohr to make decisions on developments in the Halifax Regional Municipality.

In August, Lohr approved a development agreement between Perry Lake Developments and HRM, prompting Nunn and 27 other residents to file a request for a judicial review of the approval. They argue that the decision was unreasonable and incorrect.

One of the main concerns raised by the community is the lack of emergency access to the development site, which is located on a dead-end road with only two streets leading out. Nunn cited a wildfire in Upper Tantallon last year as evidence of the potential dangers of limited access points.

The local municipal planning strategy required an additional exit over the CN rail line on the land, but CN rejected the request. Despite this, the developer proceeded with the project without another exit, a decision that was approved by the province.

While Nunn acknowledges the need for alternative housing options in Fall River, he believes that duplexes or fewer multi-unit buildings would have been more appropriate given the absence of municipal sewage service in the area. He also raised concerns about the lack of setbacks or vibration studies related to the railway, as recommended by a 2013 study for the Federation of Canadian Municipalities.

The judicial review request names HRM and Perry Lake Developments as respondents. Nunn mentioned that more residents are interested in joining the legal challenge, and the group plans to crowdfund to cover the legal costs.

Deputy Mayor Cathy Deagle-Gammon, the area councillor, noted that this is the first legal challenge for any of the special planning areas in Halifax. She emphasized the importance of monitoring the outcome of the case for the entire HRM.

The controversial move by the province to control development in the region has drawn criticism from former mayor Mike Savage, current CAO Cathie O’Toole, and other municipal councillors. Lohr defended the changes, stating that they aim to expedite the construction of new homes in the capital city.

The first court date for the matter is scheduled for February 2025. Residents are hopeful that the judicial review will provide a fair assessment of the development project and address their concerns about its impact on the community.