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Old Posted Feb 19, 2016, 12:36 PM
IanWatson IanWatson is offline
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Land use decisions in NS almost never make it to the courts, and if they do they tend to be ones from Halifax. Typically the UARB is very good at meting out well-considered decisions.


I think it's very important to have a right to appeal because, let's be honest, councils (or design review committees) don't always make the decision they should have made. I do like what has been done with HRMxD though, and that's the establishment of strict time limits for dealing with appeals. Outside of downtown when someone appeals to the UARB it can take up to a year to get a decision. They don't all take that long, and if the grounds for appeal are weak they frequently are much shorter, but it still does mean a cost for all of those involved. HRMxD strikes a nice balance by allowing appeals, but making sure they don't gum the whole system up to the end of time.

The Margaretta is a good example of the process working well. Residents got to make their appeal, staff did a really good job of outlining Council's abilities when it comes to an appeal, and Council quickly and efficiently dealt with the appeal.

The one thing the Margaretta appeal underscores to me though is how little the general public still understands about the planning process. As staff outlined, most of their grounds for appeal weren't valid. I imagine this is quite frustrating for the residents, and also it lead to some unnecessary staff and Council time addressing those issues. The planners in this room (me included) still have a lot of education to do.
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