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

A group of Halifax residents is asking the Nova Scotia Supreme Court to look at a provincial decision to greenlight a controversial Fall River development.

The project from Perry Lake Developments would see three multi-unit buildings on the 12-hectare site, creating about 120 housing units. 

"There's a lot of issues here. It's complex and doesn't quite fit," said resident David Nunn.

Although the development was rejected by Halifax regional council in 2022, the province designated the site as a special planning area in February. The designation allows Housing Minister John Lohr to make decisions on developments in the Halifax Regional Municipality, and so far there are 15 sites.

Lohr approved a development agreement between Perry Lake Developments and HRM in August. 

Nunn is one of 28 people who filed a request for a Nova Scotia Supreme Court judicial review of that approval in early November, arguing that it was "unreasonable and/or incorrect."

A spokesperson for the Department of Municipal Affairs and Housing said the province can't comment on a matter that is before the courts.

One of the community's concerns has been about emergency access, Nunn said, as the site is on a dead-end road with only two streets leading out of the development site. Nunn said last year's wildfire in Upper Tantallon shows that's not enough.

"How do you get vehicles out, and how do you get emergency vehicles back in, if you're limited to one access point, and the other one [is] closed off? It can be a real mess," Nunn said.

The local municipal planning strategy required another exit over the CN rail line on the land, but Halifax municipal staff said CN rejected that request. The developer asked to move ahead without the road, and that plan without another exit was passed by the province. 

Nunn said he understands that alternatives to single-family homes are needed in Fall River, but duplexes or smaller numbers of multi-units would have made more sense in an area without municipal sewage service.

He also said that the development agreement doesn't require any setbacks or vibration studies related to the railway, which are part of guidelines suggested by a 2013 study for the Federation of Canadian Municipalities.

"You put a septic field in here that vibrates. How quickly does that break down?" Nunn said.

The judicial review request also names HRM and Perry Lake Developments.

Nunn said he's still hearing from residents who want to sign onto the judicial review. The group plans to crowdfund and split the legal costs.

"Unfortunately, yes, we had to step up. And yes, it is a expensive endeavour," Nunn said.

Halifax's Deputy Mayor Cathy Deagle-Gammon, the area councillor, said this appears to be the first legal challenge for any of the special planning areas. 

"I think that's really interesting, and I think that that's something that all of HRM should be looking at what the results of this will be," Deagle-Gammon said.

Halifax's former mayor Mike Savage, current CAO Cathie O'Toole, and other municipal councillors blasted the province's move to control development in the region when the legislation was introduced last fall. Lohr has said the changes were needed to further speed up the construction of new homes in the capital city.

The matter's first court date is set for February 2025.