Armour appeal dates up in the air
By MICHAEL LIGHTSTONE and AMY SMITH Staff Reporters
Sat. Nov 8 - 5:34 AM
It's unclear when Armour Group's appeal of a Halifax planning decision on the developer's Waterside Centre proposal will be heard. (PETER PARSONS / Staff/ File)
Nova Scotia recently streamlined its process governing appeals of municipal planning decisions.
But a scheduling conflict involving the Armour Group’s Waterside Centre proposal for downtown Halifax means tentative appeal dates the province’s Utility and Review Board had suggested are now up in the air, a board spokesman said Friday.
The developer is appealing Halifax regional council’s decision last month that killed its commercial project. Board executive director Paul Allen said a letter from city hall asks that an early public meeting, proposed for Nov. 18 to deal with any preliminary issues, be moved to a later date. If the parties agree the main appeal hearing may begin later, that session won’t begin as tentatively scheduled.
"The full public hearing is currently scheduled to start on . . . Jan. 6," Mr. Allen told The Chronicle Herald. "However, we have a request to change the dates from Halifax Regional Municipality which we will have to consider."
According to a letter from city lawyer Karen Brown, dated Friday, she’s available for a preliminary hearing on Nov. 20, 24 or 26.
"It will be my intention at the preliminary hearing to request new dates for the filing of evidence and for the hearing of this appeal," she said. "The reasons will include that the timeline falls within the holiday season, which will make it difficult to prepare given that (municipal) staff have scheduled vacations."
Halifax council rejected the developer’s proposal in a 9-9 vote on Oct. 21, despite a recommendation from municipal staff that the project should go ahead.
Waterside Centre was designed to occupy most of the city block bordered by Upper Water, Duke and Hollis streets in the Historic Properties district.
Mayor Peter Kelly said Friday he spoke with Armour Group chairman Ben McCrea twice last week and "encouraged him to appeal" council’s decision.
The Armour Group doesn’t want any third parties, including the government, to intervene when it appeals council’s rejection of its proposal, Mr. McCrea said recently, because the dispute is between his firm and the city.
Premier Rodney MacDonald said the province will give consideration to Mr. McCrea’s position, but he suspects other groups will also want to intervene.
"I am not about to let opportunities in the downtown go by the wayside," Mr. MacDonald said in an interview.
"That means standing up for downtown development. It’s not just about one project. For us, this is about the entire downtown core and really showcasing that as a capital city that Halifax needs to focus both on the past and on the future."
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