As we edge up on the revised project start date of September 1, 2024 for the proposed Dartmouth Cove infill, Atlantic Road Construction and Paving (ARCP) still have none of the required approvals to move forward.
In an article earlier this week on online publication AllNovaScotia, it was reported that Tom Hickey, CEO of ARCP, had sent a letter to the Mayor with signatures of support from 17 developers in the local business community. A clearly befuddled Tom Hickey also outlines how he feels that the newly proposed bylaw amendments are “unfair” and also outright denies the existence of any hard evidence of public opposition to his project.
As a refresher to anyone new to the project, this is the evidence:
493 public submissions to Transport Canada during the original 2022 submission period. None in support of the project.
4,400 signatures on change.org petition.
200+ attendees to in-person meetings.
4500 Visits to the website over the past 90 days.
Repeated signage being placed along the trail (and removed by ARCP).
992 Instagram followers.
Requests for 75+ lawn signs.
Public statements denouncing the project from MP Fisher, MLA Chender and Councillor Austin echoing the sentiment of their constituents.
Claims from project supporters that “public pressure” is stalling their approvals.
A judicial review launched by the Centre for Ocean Venture and Entrepreneurship (COVE) citing that they will have to cease some of their business and research operations should this infill be approved.
Public opposition to this project has been crystal clear from the start. This is an initiative rooted in the existence of a jurisdictional loophole. Pre-Confederation waterlots are a unique area that often are not explicitly included in bylaw planning and provincial regulation. It’s likely that ARCP had hoped they could quietly push this project through approvals without alerting anyone in the public. Fortunately, this was not the case, and has turned out to be a much larger undertaking for ARCP than originally anticipated.
Halifax Regional Municipality is continuing to move forward with bylaw amendments to help restrict infilling in Dartmouth Cove. Recently, Councillor Pam Lovelace, who voted against the bylaw amendments to help restrict infilling in Dartmouth Cove, made a statement on her social media page regarding her position. Lovelace stated that “As HRM moves to consult with federal, provincial, private and public stakeholders about a potential Bylaw, the municipality does not have authority over provincial land to stop infill of Dartmouth Cove.” It is true that the Municipality is not the main decision maker on ARCP’s current infill application. However, on the Transport Canada approval letter, that has since been rolled back, the letter clearly states that it is the responsibility of the developer to comply with all applicable municipal laws that apply. “Please note that it is the owner’s responsibility to comply with any other applicable laws and regulations including any related Halifax Regional Municipality land-use or zoning bylaws in effect.” This acknowledges that the Municipality has a role to play in these projects.
It is also true that the Province does have final approval on all proposed municipal bylaws and bylaw changes; however, those same changes to restrict infilling in the North West Arm were passed with no protest from the Province, so they would need to have significant grounds to make a different decision in the case of Dartmouth Cove.
Finally, Councillor Lovelace references the 2012 Dartmouth Cove Master Plan made by the Waterfront Development Corporation, a predecessor to Build Nova Scotia, and their vision for Dartmouth Cove. Lovelace has said in correspondence to constituents that there was always a plan for infill in this future vision for Dartmouth Cove. One section of the Dartmouth Cove plan outlines where fill could be required to put developable land properly above sea level or to cap contaminated soil. It has nothing to do with the ARCP lot in question which is outside many of the plans outlined in that document. The new Provincial Government has also since made comments suggesting that the land is too contaminated for future development, so this pulls into question where the original Dartmouth Cove plan even sits with the province right now.
With regard to the immediate concern of ARCP’s infill proposal, Build Nova Scotia has confirmed that there is no approval for ARCP to cross their lands, and they have yet to action any of their requirements laid out by predecessor Develop Nova Scotia. In a letter addressed to Friends of Dartmouth Cove last week, Build Nova Scotia outlined the following:
Neither the Province nor Build Nova Scotia has authority related to the approval of an application to infill submerged lands or conditions on their development thereafter.
However, the company did submit a request to the former corporation of Develop Nova Scotia, for consideration of a temporary easement (PID 00097555).
In the former corporation’s reply, it indicated that if the company is successful in attaining all the necessary approvals to infill the water lot, then there is a series of conditions that must be met before any consideration could be given to approve a request for a temporary access easement for a maximum of two years.
Those conditions include:
Submission of a suitable construction mitigation plan with a strategy to ensure ongoing and safe usage of the Dartmouth Waterfront Trail and the small boat facility at Centre for Ocean Ventures and Entrepreneurship throughout the duration of the access easement agreement.
Sharing the findings and data related to its federal application with Develop Nova Scotia.
Commitment to plan for some public use of the infill lands created, but not limited to just public use.
Development of a coordinated communications plan, including a plan for ongoing community engagement.
ARCP has yet to finalize these items and there has still been no outreach to the community or any type of thoughtful public relations initiative. If anything, there’s been further damage done in terms of showcasing ARCP’s capacity to demonstrate any type of good will towards the community.
Lovelace has also suggested that fill from the QE2 expansion is already destined to go to this particular lot. That is not true. In a feedback item to AllNovaScotia on August 30th, MLA Chender had the following to say regarding Dartmouth Cove:
“Build NS has reiterated as recently as today (Thursday, Aug. 28) that no approval has been granted to cross its land. Further, Build NS said it will not entertain an application until federal, municipal and CN approval has been granted. It has also confirmed none of the hospital projects rely on this site to go ahead. There is ample space elsewhere to dispose of the slate.“
In summary, there are still no approvals, no community support, and no clear demonstrated benefit for anyone outside of the financial gain to ARCP stakeholders. It is imperative that while this project is pending, HRM does everything they can to try and bring in these necessary bylaw changes to further protect the Cove from potential infill activity.
If you're interested in sharing your voice with government decision makers, please view our How to Help page to learn more.
Comments