Nova Scotia court dismisses citizen challenge to Fall River development
A recent court challenge to a contentious development in the Halifax area has been dismissed by a Nova Scotia judge due to a procedural issue. The challenge, which was filed by a group of concerned residents last November, aimed to review the provincial government’s approval of a Fall River development project.
The residents had raised valid safety concerns about the proposed development, particularly regarding the lack of emergency egress given the site’s location on a dead-end road and the presence of a CN railway passing through the area. However, Justice Ann Smith ruled that the challenge had been filed after the required 25-day window for such filings had passed, leading to the dismissal of the case.
David Nunn, a resident and primary applicant in the judicial review request, expressed disappointment at the decision, stating that the community was denied the opportunity to engage on important issues related to the development. Despite the Halifax regional council rejecting the project in 2022, the province designated the site as a special planning area in February 2024, allowing them to make decisions on developments within the municipality.
Municipal Affairs Minister John Lohr announced last August that the province had approved a development agreement with Perry Lake Developments for three multi-unit buildings on the 12-hectare site, creating approximately 120 housing units. Provincial lawyers argued that the 25-day clock for filing the challenge started with the approval of the development agreement, a position that the judge upheld.
Nunn explained that their group had waited to review the actual development agreement before filing the challenge, as they wanted to base their arguments on concrete information. While the agreement ended up being similar to what was presented to Halifax council in 2022, Nunn emphasized the importance of having all the facts before proceeding with a legal challenge.
The situation has underscored the need for swift action in challenging future developments in special planning areas, according to Nunn. He also expressed concern over the lack of public participation in the special planning area process, which he believes leaves residents uninformed about the selection of development sites.
The Fall River project, which Nunn claims does not align with most of the province’s criteria for special planning areas, has sparked debate within the housing panel responsible for making recommendations on such projects. Nunn’s group is considering an appeal of the judge’s decision, as they remain committed to advocating for the interests of the community.
As of now, the province has not provided a response to the court decision or the residents’ concerns about the development. This story will be updated with any relevant information as it becomes available.
