Posted Dec 24, 2025, 1:38 PM
|
 |
Registered User
|
|
Join Date: Mar 2006
Posts: 8,795
|
|
Despite the left hand of HRM grabbing the sack of federal accelerator fund cash worth a reported $73 million of JT's federal gold, the right hand of HRM Planning said a resounding "NO!" and rejected the Hazelview proposal. However, the developer pushed back and went to the courts where they apparently prevailed, at least for now:
https://www.saltwire.com/nova-scotia/hal...ts-from-halifax-over-housing-development (subscription reqd.)
Some snippets:
Quote:
Developer wins appeal and costs from Halifax over housing development
At stake are two eight-storey residential towers in the Cowie Hill neighbourhood
Author of the article:
By Jen Taplin
Published Dec 23, 2025
Halifax Regional Municipality has been ordered to pay costs to a developer after losing an appeal.
The developer, who says they could have started building their Halifax housing project in July 2024 if not for HRM getting in the way, said they’re owed by HRM for the delay and the legal costs.
Hazelview Investments Inc. is planning to build two eight-storey towers on a shared podium behind an existing 11-storey, 109-unit apartment building on Cowie Hill Road. The project is considered “as of right,” but the developer needed exceptions (also called variances) from the stepback and setback requirements. Stepbacks are where upper floors are horizontally recessed to break up the vertical plane, and setbacks are mandatory minimum distances from things like property lines and other buildings.
Trevor Creaser, an HRM development officer, rejected Hazelview’s application for three variances — one setback and two stepback variances.
Hazelview appealed that decision to the Nova Scotia Regulatory and Appeals Board and at the hearing, HRM acknowledged that one of the two variances should have been approved. But Creaser explained that he rejected all three because the refusal of two of the variances would mean the third variance wouldn’t exist.
The board, however, sided with the developer in May, saying that HRM didn’t show that the requested variances conflict with the land-use bylaw or the Suburban Housing Accelerator Secondary Municipal Planning Strategy (SMPS).
HRM sent an appeal of the board’s decision to the Nova Scotia Court of Appeal on July 4.
Hazelview then went after the municipality to pay for their costs because of the appeal process. While the decision in May referenced costs, lawyers for Hazelview wrote to the board in July to say they hadn’t reached an agreement with HRM.
Not long after, an HRM lawyer sent the board a letter saying it’s not appropriate to award costs in this matter. The letter said that a “no costs award is in the interest of justice” because HRM’s “position is similar to that of a non-typical public interest litigant,” but if costs are required by the board, they should be reduced.
Plus, since HRM is appealing the board’s decision, costs at this time are premature.
The letter went on to say that the HRM sought to clarify a novel point of law that would affect future cases, and there is a “serious risk of a chilling effect as a result of this precedent-setting decision (that) should be considered by this board.”
Lawyers for Hazelview said the initial refusal and the appeal caused them “significant project construction delays.”
“Absent the development officer’s refusal, Hazelview’s development could have been initiated in July 2024,” legal representation for Hazelview informed the board.
In a decision released this week, the board again sided with the developer.
“Considering the text, context and purpose of the statutory framework underlying this appeal, the outcome of the appeal, the delay and costs incurred by Hazelview, the complexity and length of the hearing, and the circumstances of the appeal, the board finds that it is in the interests of justice to award costs to Hazelview in this appeal.”
The board didn’t buy HRM’s argument that it was “similar to that of a non-typical public interest litigant” or that there would be a chilling effect on development officers’ consideration of similar applications from developers.
“HRM’s planning officials have a statutory duty to apply the tests in the HRM Charter when considering development applications, including requests for variances. This duty must be carried out in an objective and bona fide manner, irrespective of any cost consequences for the municipality,” wrote the board in their decision.
Just how much HRM will have to fork over is still to be worked out between the two sides, but the board will step in again if needed.
“If the parties are unable to agree on the quantum of costs, the board is prepared to direct the filing of written submissions on the issue.”
|
Just amazing, really.
|