Land Use, Permits, Wetlands, Burden of Proof, Contract, Evidence, Prevention, Property, Standing, Jurisdiction
This is an appeal from a decision of Chebucto Community Council of Halifax regional municipality made March 3, 2003, which approved an application by Kimberly-Lloyd Developments Ltd to rezone approximately 156 acres of land known as Governors Brook, from Holding (H) Zone to Residential Development District (RDD) Zone, located between McIntosh Run and Colpitt Lake to permit 870 dwelling units in a mixture of single family, semi-detached, townhouse, apartment buildings and one neighbourhood commercial site. A similar application initiated in 1997 was later rejected by the Chebucto Community Council. The Williams Lake Conservation Company has always maintained that the proposed development could have serious impacts on Colpitt Lake and Williams Lake. Following the decision by Chebucto Community Council, the WLCC filed a Notice of Appeal with the Nova Scotia Utilities and Review Board. The hearing was adjourned in order for the Supreme Court of Nova Scotia to hear a certiorari application put forth by the Williams Lake Conservation Company. The certiorari application alleges that the public hearing process associated with the application was flawed. On November 24, 2003, Justice Glen MacDougall dismissed the certiorari application. The Nova Scotia Utility and Review Board dismissed the conservation group’s appeal to keep an area between McIntosh Run and Colpitt Lakein Mainland South from being rezoned for residential development.