Halifax Clears Development Hurdle, Sparks Neighbors’ Opposition
Halifax is encountering rising tension over housing development in its South End neighborhood. The Birchdale subdivision has been under a restrictive covenant since 1941, allowing only single-family homes. However, significant changes occurred in July when Halifax’s Chief Administrative Officer (CAO) approved a request to modify this covenant for a property on Thornvale Avenue, enabling the potential construction of multi-unit residences.
Background of the Birchdale Development
The Birchdale neighborhood is characterized by its affluent atmosphere and tree-lined streets. A property owner, Michael Risley, aims to build a small condominium on his lot, which is allowed under current zoning regulations. This change is set against the backdrop of Halifax’s ongoing push to increase housing availability.
Community Opposition
- Colin MacDonald, a local businessman, leads the opposition against the proposed development.
- Approximately a dozen residents of the Thornvale area oppose the alteration of the covenant.
- Concerns include the aesthetic impact on the neighborhood and potential declines in property values.
Many of the opposing residents have contacted the Nova Scotia Regulatory and Appeals Board, seeking to contest the CAO’s decision. They argue that multi-unit developments could negatively affect the character and safety of their community.
Understanding Restrictive Covenants
Restrictive covenants are legal agreements that outline what property owners can or cannot do with their land. These rules remain in effect even as properties change ownership, often indefinitely. In 2023, a new provincial law empowered Halifax’s CAO to modify or lift these restrictive covenants if they conflict with current zoning standards.
Changes in Housing Regulations
In the wake of federal funding initiatives aimed at accelerating housing development, Halifax has revised its zoning regulations. Key changes include:
- Maximum of four residential units on most lots.
- Up to eight units permissible depending on lot size within several urban core areas.
Despite these revisions, the community feels apprehensive about the rapid changes. Jamie Baxter, an associate law professor at Dalhousie University, noted the need for more comprehensive data on covenants throughout Halifax. He emphasized that without a strategic approach, the city may face an influx of applications, complicating decision-making processes.
Future Implications and Upcoming Decisions
The appeals board recently held preliminary hearings for Thornvale Avenue, among other cases. The involvement of several prominent local figures, including developers and mining executives, highlights the community’s diversity in perspectives regarding the future of housing in Halifax.
The board is expected to reach a decision on these appeals before the end of the year. The outcome may set a significant precedent for similar cases throughout the city.
Conclusion
The ongoing dialogue within the Birchdale community underscores the complexities of urban development in Halifax. As the city grapples with housing shortages, balancing growth with the rights of current residents remains critical. How the province addresses these restrictive covenants will shape the future landscape of Halifax and its neighborhoods.
