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‘Sustainable development' has been referred to as the emerging issue of the 21st century. Initially, largely an environmental issue, it has come to encompass economic and social development as well. Governments are being challenged to respond to this and review their activities and policies to ensure that they are consistent with sustainability principles. This call has come both at the global level, as in the Earth Summit in Rio (1992), as well as at the local level, for example from community groups, through the Round Table on the Environment and the Economy and the Coastal Communities Network.

The federal government in particular is responding to this challenge and has made the theme of sustainable development a part of its programming. At the federal level there is now a requirement to have "Sustainable Development Strategies" included in all departmental plans. Recently this emphasis has evolved somewhat to focus on ‘Sustainable Communities'.

‘Sustainable Communities' is a term which has various meanings, particularly since communities often articulate their own visions of ‘sustainable'. Still, at least three elements are common to most descriptions:

  1. An environmental and long range perspective that considers all the consequences of development;
  2. An approach that recognizes the interrelatedness and links between economic, social and environmental aspects of development; and
  3. A new emphasis that focuses at the community level where governments and citizens must work collaboratively.

Policies, practices and projects of ‘Sustainable Communities' which embody this doctrine include those that involve conservation of resources, pollution prevention, waste minimization and ‘real quality of life' enhancement.

This new focus on ‘Sustainable Communities' also now involves the Province of Nova Scotia as well. For more details, see the article Canada-Nova Scotia ‘Sustainable Communities Initiative' elsewhere in this issue of Planning Developments.

Municipalities too, through the Federation of Canadian Municipalities (FCM), have been strong proponents of the need to reassess programs and policies to promote sustainability in Canadian communities. Under an agreement signed this past spring with the federal government, the FCM is administering two funds with the goal of assisting municipalities with initiatives related to "Sustainable Communities". The Green Municipal Enabling Fund will cover up to 50 per cent of the cost of feasibility studies for municipal ‘Sustainable Development' projects. The Green Municipal Investment Fund provides low-cost loans for such projects. The FCM hopes municipalities will become leaders in creating ‘Sustainable Communities'. (Additional information is available on their web site (www.fcm.ca).

 

The Canada-Nova Scotia Sustainable Communities Initiative (Initiative) is an innovative
plan for governments to work in a new, more integrated way with one other, and with communities, to address sustainability issues. The purpose of the Initiative is to:

  • coordinate and improve citizen-centred programs and service-delivery across all governments;
  • forge new partnerships and collaborate with local citizens in their efforts to build strong, sustainable communities.

The Initiative shares objectives and direction with many other sustainability initiatives. Some examples are the Canadian Rural Partnership Initiative, and the coordinating efforts of the Nova Scotia Labour Market Development Secretariat. However, the Nova Scotia Sustainable Communities Initiative is unique in the scale of coordination and support contemplated from all levels, and its collaborative and inclusive community-based approach.

Truly, inclusiveness is a watchword of the Initiative. It will involve federal and provincial departments, municipalities, First Nations, Regional Development Authorities ( RDAs), community leaders and organizations with an interest in sustainable community development. The Initiative will also target traditionally under-represented groups in society, among them women, youth, visible minorities, the disabled, and the poor. Many issues affecting the sustainability of a community go beyond one department, one level of government, one budget source, or one interest group. To address the complex and inter-related problems (e.g. poverty, sewage, economic viability, education, health), a broad-based approach is needed that involves many stakeholders and takes into account the inter-relationship between environmental, economic, social and cultural concerns.

Two areas in Nova Scotia have been identified as pilot ‘partner community areas'. They are:

  1. the watershed around the Bras d'Or Lakes, and
  2. the Annapolis River Basin watershed together with the adjacent Fundy Shore.

These areas were selected because they are:

  • served by many levels and many different government departments, sectors, services, programs and jurisdictions;
  • shown a readiness to participate in this kind of process; and
  • have already recorded successes in sustainable community development.

Success in the pilot areas and in the Initiative overall, will be measured by the ability of many stakeholders to collaborate and develop a shared vision, identify key issues, and take action. Depending on the issues and community priorities, the results should be a measurable improvement in government programs and service delivery as well as in the community's quality of life. This could be a cleaner environment, higher literacy, improved health, better infrastructure, safer streets or more opportunities to earn a good living.

The Initiative has a small Coordinating Secretariat located Nova Scotia Department of Economic Development offices in the Halifax. It provides day to day support to both a multi-stakeholder Steering Committee, and the two Field Teams (Annapolis-Fundy, Bras d'Or).

To date the Federal and Provincial governments have focused on internal bridge-building. The next step will be to meet with the communities to partner, facilitate and strengthen our collective efforts to build strong sustainable communities.

 

The Western Valley Development Authority has won out over a competitor in the Strait area of Cape Breton and a proposal from the Greater Halifax Partnership to become one of 12 Smart Communities in Canada. The Authority will receive for its Annapolis and Digby counties constituency a $5 million dollar grant from Industry Canada, to go along with the $6 million-plus it raised from private and public sources.

The money will go towards laying high-speed internet lines throughout the area. Each resident will have their own internet account which they can access with their 'Smart Cards' at CAP (Community Access Program) sites, libraries and 100 computer kiosks which will be installed throughout the region.

Each business in the region will be provided with the opportunity to have an e-commerce secure web site, coordinated through a real-time clearing-house for the exchange of goods and services. A secure server and e-commerce templates will be available to all businesses, and links will be provided from the Western Valley Business Directory Portal. A data pipeline will integrate regional services and communications through a series of Intranets, connecting regional service providers.

Technology recycling centres will provide employment training in the conversion of discarded systems, while making low-cost computers available to the community. Community radio will go digital, and multi-point video conferencing facilities will be established in key meeting centres throughout the region

Literacy outreach programs will reach both the local community and international learners through a web-based curriculum and a virtual teachers resource centre.

Based in Meteghan, Maritrain has been a leader in the field of educational technologies since their inception in 1988. The company plans to open a new office with the WVDA, hire a Marketing Manager for a Smart Community initiative, and host an annual Think Tank at the Digby Pines, inviting in guests from around the world to discuss best practices in e-learning and community economic development.

The project will see the construction of a fully-wired Smart Building to house the region's growing software development cluster, in close proximity to the Centre for Geographic Sciences in Lawrencetown.

BMPnetwork of Truro will open an office in this area to design and implement an Internet based 'Best Practices' Benchmarking system to monitor and evaluate the success of the project, and will introduce tools for sharing lessons learned with other communities around the world.

Throughout the month of July, the Western Valley Development Authority hosted a series of community meetings to discuss the project and what it means for the residents of Annapolis and Digby counties. Community organizations and the public are being asked to suggest locations for the 100 computer kiosks.

Note: The above information was taken from the the Western Valley Development Authority's Smart Communities Web page at:
http://www.wvda.com/smartcommunity/index.html

 

The renewed focus on making our communities ‘sustainable' has development agencies and groups examining how this should be measured. The problem posed is ‘how can we measure progress in living sustainably?'
.
A number of projects at the forefront of this type of initiative have broken new ground in developing indicators to use as ‘report cards'. These indicators attempt to monitor where communities are in relation to

  • environmental health,
  • resource utilization,
  • community and neighborhood development pattern,
  • economic opportunities
  • population education and skills.

With the focus on outcomes, a lot of work has gone into identifying indicators that are appropriate and measurable ones. Governments and community groups have faced a number of challenges, particularly with respect to aspects of the community environment that have not been traditionally measured.

The Government of Canada has followed the lead of several United Nations agencies by compiling information that extends beyond simple economic measures and includes indexes to reflect the interrelated dimensions of social, economic and environmental quality of life. Federal departments like Environment Canada and CMHC have developed indicators in the Canadian context. Working cooperatively with the University of Guelph they have developed software and web resources to help communities in building community indicators (www.ec.gc.ca/scip-pidd).

The Federation of Canadian Municipalities has also developed a ‘Quality of Life Reporting System' that although largely urban oriented, includes a comprehensive set of statistical indicators to measure social outcomes. Using a team of municipal representatives, the FCM prepared a report to document its methods that is useful for all communities (www.fcm.ca/english/communications/qualitylife.htm).

GPI Atlantic a non profit research group is currently engaged in construction indicators of sustainable development at the provincial and regional level (see also Planning Developments vol 10 No. 2). They include measures of natural capital, environmental quality, economic, and social capital that represent community welfare and progress (www.gpiatlantic.org). At the community level, researchers are working on GPI projects with Kings County and Glace Bay.

The substantial resources of the Internet also provide access to individual case studies of defining measurable indicators for communities in Canada (www.web.net/ortee/scrp/) or in other countries (www.iisd1.iisdca/measure/) or (www.subjectmatters.com/indicators/)

 

One of the seven modules within the $5 million Smart Communities program, called CLICK 2000, will receive enough funding to turn a 12-year plan into a 3-year project. CLICK is an acronym for Centre for Land Information and Computer-based Knowledge.

A special GIS Intranet will increase access to one of Canada's most sophisticated digitized mapping systems. Through a partnership with the Annapolis District Planning Commission and the Centre for Geographic Sciences, the project will implement an interactive GIS database of municipal information.

The three year project seeks to interconnect the towns of Middletown, Bridgetown and Annapolis Royal with computer links for the purpose of exchanging environmental, municipal and provincial information. The information as it exists on paper will be transformed into digital maps and tables using a GIS platform.

A digitized mapping Intranet will integrate layers of data, including business, demographic, environmental, natural resource, infrastructure, land use and other databases, creating one of the world's most sophisticated multi-user GIS networks.

This information will include water, sewer, surface and underground storm infrastructure, subdivision, building inspection, zoning and flood plain information. It can also include sidewalk location, civic address, parcel boundaries, building footprints, heritage structures and historic districts.

Note: The above information was taken from the the Western Valley Development Authority's Smart Communities Web page at: http://www.wvda.com/smartcommunity/index.html

 

"Ageing is a question of growing importance. Governments have only a few years to prepare OECD (Organization for Economic Co-operation and Development) economies and society for this major change, the consequences of which we do not fully master today." (From the papers of the OECD Conference on "Housing Ageing and Urban Development," Oslo, Norway, May 2000.)

There is increasing discussion amongst governments at both the national and international levels about the impending boom in seniors. The focus of these discussions is on the need to stop talking about it and start planning for it. For governments this means taking "a horizontal approach" - which is another way of saying that senior-related issues cannot be solved or addressed by one government department or agency or in some instances by one level of government. We all need to work together.

Planning Developments will explore the aging phenomenon and its implications on planning in a series of articles. This initial article attempts to set the background or context by citing a number of thought provoking quotes from a Health Canada document and from papers delivered at the OECD Conference "Housing, Ageing and Urban Development" held in Oslo, Norway in May 2000.

Some quotes from Shifting Sands - Economic and Demographic Trends and their Impacts on Seniors, (Health Promotion and Programs Branch, Atlantic Regional Office, Health Canada, March 1999):

  • The population of Atlantic Canada is one of the most rapidly aging populations in the world.
     
  • The proportion of people over age 80 is growing rapidly. . . By 2036, one-tenth of the population (in Atlantic Canada) will be over 80.
     
  • The Atlantic workforce has been growing more slowly than that of Canada, and will soon begin to decline.
     
  • Seniors (in Atlantic Canada) are attracted to towns and villages which are service centres for rural regions. The smaller centres -- those with populations between 1,000 and 10,000 inhabitants -- have the highest levels of population aging.
     
  • Seniors are the heaviest users of public transportation. In rural areas and small communities where public transportation is not available, seniors, are more dependent on others and are more likely to be isolated . . . Over the next decade, as the over-80 age group continues to grow rapidly, so will the need for public transportation, which is expected to remain high in subsequent decades as baby boomers age. Flexible, low cost, and convenient alternative means of transportation will encourage those with diminished driving skills to avoid driving.
     
  • Due to a shrinking work force, older baby boomers will be much less likely to be forced into retirement. While more and more baby boomers say they want to retire early, their retirement will cause increasing labour shortages, which may well result in incentives to remain in the workforce beyond age 65.
     
  • The more social contact people have, the healthier they are . . . In Canada, half of the women over age 75 live alone, nearly four times the rate for men . . . Rapidly aging rural communities, smaller family size, increasing geographic mobility, and women's increasing participation in the work force will further reduce the number of family members available to provide emotional support to aging parents in the future.
     
  • As the population ages, housing demand in the Atlantic provinces is likely to change . . . In general, seniors prefer to live close to key services such as shopping and public transportation. Seniors also need housing that is accessible and offers personal security. The key to meeting the housing requirements of diverse seniors, from the active, well-off younger seniors to the very old, frail, and financially insecure, will be to provide a range of choices.
     
  • Demography tells us that the total number of "dependents" in the population will be no greater when the baby boomers reach old age than it was when they were children. Research carried out with Canadian data suggests, though, that supporting an older population will require very large increases in productivity. If this is true, Atlantic Canada, where the work force will be smaller, the population older, and productivity is expected to be lower than in Canada as a whole, will experience an even greater challenge.
     
  • The overall cost of population aging is shifting in a gradual and predictable way from the needs of the young to the needs of seniors. The challenge for policy makers in every sector will be managing this gradual shift in public spending, which will require broad public understanding, and a change in public attitudes toward taxation and public spending.

Here are additional quotes from the OECD Oslo, Norway conference papers which provide a global perspective:

  • Virtually all areas of public policy will be affected by ageing. To mention only a few:
    • labour markets will have to be adjusted,
    • education must be reformed to introduce life-long learning,
    • adjustments will have to be introduced to pension schemes and age of entitlement to pensions to prevent bankruptcy,
    • policies for "ageing in place" and "active ageing" will be required,
    • solutions for the long term care of the very elderly will have to be found,
    • decisions will have to be taken by OECD governments about the level of immigration required from developing countries to rejuvenate the age structure of Member countries.
       
  • a survey (Lujanen and Vesanen (eds.), 1999, p. 18) of problems for older people in European Union countries revealed that the main ones (problems) in urban areas were loneliness followed by lack of elevators. Third came fear of crime and violence. In rural areas the major problems were long distances and lack of shops.
     
  • Accessibility is a key priority for the elderly both in terms of the interior of their home and its location to employment, services and facilities.
     
  • What measures should Member countries be taking here and now to raise awareness about the ageing phenomenon, change attitudes towards the elderly, and better integrate them as active and valuable members of society? Can cities contribute to this effort? For example, do cities need to develop Action Plans for Ageing? What information is available about such initiatives?

In concluding, we live and work in an exciting era which will challenge our ability to be creative and innovative in an environment of inter-agency cooperation.

"There is no reason to fear the future, but there is clearly cause to start planning now. Population aging is fairly predictable. We can project many future service and resource needs based on what we know about the population and about seniors. Preparing for the large waves of seniors will require collaboration across many sectors. Seniors must be consulted and actively involved in the design, implementation, and evaluation of policies and programs of importance to them. Decisions taken today, such as building schools, closing hospitals and training physicians, are decisions that stay with us well into the future. To shape a future of active aging and economic prosperity for the Atlantic Region, the future must begin now." (Shifting Sands)

 

This is the first of a projected series of articles, prepared by planner Jane Sodero, about activities in municipal planning offices across the province. These activities feature developing databases and mapping to reduce the amount of time spent on tracking of permits, subdivision and E-911 numbers. Also, workshops for incoming Councils and Advisory Committees are common in this election year.
Here are reports on the activities at the following planning offices: County of Antigonish, Town of Antigonish, Town of Canso, District of Guysborough, Pictou County District Planning Commission, Rural Cape Breton District Planning Commission and District of St. Mary's,

MUNICIPALITY OF THE COUNTY OF ANTIGONISH AND DISTRICT OF ST. MARY'S
John MacPherson, Planner & Development Officer; Gary Wong, Building Inspector

Since land use planning in the County of Antigonish is relatively new (5-6 years), with less than 50% of the County area covered, staff has identified deficiencies in the current documents and is hoping to implement documents that will encompass more if not the entire county. There is no planning in the District of St. Mary's (Guysborough County) however all building inspection and subdivision approval is done through Antigonish County. The following projects are underway in the County of Antigonish:

  • Development of baseline data and information in the form of digital mapping
  • Development of an E-911 data base
  • Preparation of a workshop for PAC and Council about planning practice and their role and identifying opportunities and challenges related to planning within the county.
  • Review of the Municipal Planning Strategy and Land Use By-law for more comprehensive and effective planning documents covering a wider area. Issues to be addressed include: the subdivision by-law, signage, agricultural protection, and coastal zone management.

PICTOU COUNTY DISTRICT PLANNING COMMISSION
Vernon Parker, MCIP, Executive Director; Alastair Lawrie, AICP, Senior Planner; Vacancy, Planner; B.V. (Van) MacLeod, Development Officer; Mike MacKinnon, Building Inspector; Mike Thompson, Planning Technician;

The Pictou County District Planning Commission administers the MPSs and LUBs as well as building inspection and subdivision approvals for the Towns of New Glasgow, Stellarton, Westville, Trenton and Pictou and County of Pictou.

Some of the planning projects, both Town-specific and district-wide, to be undertaken over the coming year are:

  • Beginning in late 2000, PAC will conduct workshops and "open house" meetings to solicit public input on planning related issues for the Town of Pictou MPS/LUB Review. It is anticipated that the review would be complete in late 2001.
  • Review of an ongoing environmental study related to drainage patterns, slopes and other environmental impediments to development revisions to Trenton's MPS/LUB in the fall of 2000.
  • Review of the existing framework for determining appropriate site and design criteria for multiple-unit dwellings in the Town of New Glasgow and will incorporate new design and locational parameters.
  • Preparation of orientation packages and presentations for new PACs about planning issues related to each Town.
  • Continuation of work with the Town of Pictou and Pictou County to devise protective strategies for preserving water quality in and around the Caribou Well field.
  • Review of policies for multiple-unit dwellings in the Town of Stellarton and updating the Subdivision By-Law at the direction of Stellarton PAC.
  • Preparation of a profile consisting of maps and descriptive text identifying district-wide land use patterns, the ERPAS catchment area, and other planning issues
  • Review of By-Laws, enforcement authorities and procedures, identification of enforcement options.
  • Link Development Services databases created in Access software with MapInfo (GIS) applications to develop maps outlining areas of new development based on issued building permits, and track properties that are subject to development agreements.

RURAL CAPE BRETON DISTRICT PLANNING COMMISSION
John Bain MCIP, Director & Development Officer; Dawn Sutherland, Planner & Development Officer; Wanda Ryan, Office Manager & Development Officer; Vacancy, Planner; Vacancy, Planning Technician; Cyril LeBlanc, Building Inspector – Inverness County; Paul Burt, Building Inspector, Victoria County; Alfred Fougere, Building Inspector – Richmond County; Leon LeBlanc, Building Inspector – Seasonal

The Rural Cape Breton District Planning Commission (RCBDPC) provides the planning, subdivision and building inspection services for the Counties of Inverness, Richmond and Victoria and the Town of Port Hawkesbury. With five main office staff, 3 full time building inspectors and one seasonal building inspector, the RCBDPC has a very large area to cover. They have recently completed plan reviews for Chéticamp and West Richmond and produced four brochures about the services of the Commission. Projects currently before the RCBDPC are:

  • Completion of a review of the Baddeck MPS and LUB - this will address concerns about increased tourism uses and limitations on development created by a municipal sewer problems.
  • Introduction of a Wellhead Protection Plan for Louisdale, Richmond County.
  • Drafting of a 911 signage by-law for Richmond County.
  • Initiation the process for a new MPS and LUB for the Boularderie (Victoria County) area which has experienced growth on the fringe of Cape Breton Regional Municipality.
  • Research for a new MPS and LUB for Evanston, Richmond County.
  • Planning a seminar for Councils, PACs and Area Advisory Committees to review planning processes, subdivision requirements and civic addressing.

MUNICIPALITY OF THE DISTRICT OF GUYSBOROUGH
Gary Cleary, Planner, Development Officer and Building Inspector (also Town of Mulgrave); Deborah Tory, Municipal Development Assistant

With the development of offshore gas in Guysborough County, the eastern office has a vast list of planning and public works initiatives. Currently there are MPSs and LUBs for the areas of Boylston to Auld's Cove, excluding the Town of Mulgrave (District 3); the Town of Guysborough (District 1) and the Goldboro/Country Harbour area (District 7). There are also planning documents for the Town of Mulgrave. A few of the proposed projects for the District are:

  • Development of Municipal Planning Strategies and Land Use By-laws for the entire district.
  • Creation of a database to link PIDs, civic addresses and assessment numbers which will also link to mapping.

TOWN OF ANTIGONISH
Sean Day, Planner, Development Officer and Building Inspector

The MPS/LUB adopted in 1994 concentrated on introducing new mixed use policies, residential development in commercial areas, higher density development throughout all residential and commercial areas and Downtown Design Guidelines. Essentially, the documents address issues of a small land base in a university Town as well as development oriented to pedestrians. Also, it introduced Flood Plain planning; new downtown core commercial policies allowing expansion into older residential areas that protect architectural styles and streetscape; as well as policies regarding development on steeper slopes and special consideration for development adjacent marsh areas.
More recently, guidelines regarding Aquifer Recharge Protection and expansion of Local Commercial development for more mixed use in Residential areas have been approved. An "Old Town" Designation has been adopted with continuing development of new policies for this area. Currently, the following issues are being addressed:

  • Review of flag and landlocked lot policies stemming from the need to provide more and varied housing within a limited land base.
  • Evaluation of "institutional" development the town, catalyzed by a 800-bed university residence intended for a nearby Residential area. Discussions have centered on the impact of these uses on existing neighbourhoods and rental market. Linked are: provision of tourist accommodation and on-campus commercial uses that may seem to be subsidized by the public via the university purse.
  • Development of an Urban Trailways system.
  • Investigation of annexation of lands surrounding the Town's, largely as a result of the recent decision concerning the twinning of Trans-Canada Highway as well as the Town's land-poor condition.

TOWN OF CANSO
Jerry George, Development Officer and Building Inspector; Scott Conrad, Town Clerk

The Town of Canso adopted a revised MPS and LUB in 1995. The work since that time has focusing on administration of that By-law, issuance of building permits and civic addresses. At this time, there are no planning projects underway.

 

Several municipalities in Nova Scotia have posted their Municipal Planning Strategy (MPS) and Land Use By-law (LUB) on their Web sites. This is a big move towards better service to the public and they are to be highly commended for this.

The Town of Truro (http://www.town.truro.ns.ca/plandev.htm) provides not only the full text of the MPS and LUB but also the Subdivision By-law and the Local Improvements By-law. As well, a "Planning & Development Statistics" section provides information on costs of permits and applications and useful demographic, economic and public works cost figures. Finally, a page on the MPS/LUB review process leads to a summary of a series of open forum discussions which formed part of the public participation program.

The Town of Kentville (http://www.town.kentville.ns.ca/planning.html) allows you to download a copy of their LUB and its accompanying map.

The prize for the most comprehensive municipal planning site in the province to date goes to the Rural Cape Breton District Planning Commission and the work done by Jane Sodero, who until recently was a planner there (http://www.rcbplan.ns.ca/).

The full text of 11 MPS and LUB documents from Victoria, Inverness and Richmond counties and the Town of Port Hawkesbury are included on their site. In most cases, the LUB map is provided in colour, full-view as well as in a closeup view of the densest area, both in preview size and as a large format graphic. There are even arttractive photos of the planning area dispersed throughout the text !

Also on the site are the full text of each Subdivision Bylaw, including application forms which can be filled out and submitted on-line. Finally, staff reports on current re-zoning applications are included in full. Overall, this is a site which deserves emulation not just within Nova Scotia, but everywhere.

 

On March 30,2000 Premier John Hamm unveiled the blueprint for change which would reorganize the provincial government into 14 departments. This re-alignment is contained in the governments' business plan titled The Course Ahead. The merger of sections of the Department of Housing and Municipal Affairs with the Department of Business and Consumer Services is seen as one of the key elements in improved coordination of service delivery to Nova Scotians and expanded presence in every county.

In June, Priorities and Planning Minister Ron Russell announced the first details of changes in the reorganization. The Housing Services Division of Housing and Municipal Affairs joins the Department of Community Services while the remaining Divisions- Assessment Services, Land Information Services, and Municipal Services become part of the new Department of Service Nova Scotia and Municipal Relations. The new departments became "live on October 1, 2000.

Over the summer, transition teams composed of staff from the various agencies mapped the organization and implementation strategies to bring about the restructuring. The teams and the working groups reporting to them, were focused on three clusters of this organization change:

  • the integration of Housing Services into the Department of Community Services
  • the realignment of regulatory functions from Business and Consumer services into the new Department of Environment , Labour and Regulatory Affairs
  • the merger of service delivery functions of Business and Consumer Services with Municipal Affairs to form Service Nova Scotia and Municipal Relations

The vision for the new Department of Service Nova Scotia and Municipal Relations is to make access to government services easier for citizens and businesses and insure that the interests of municipalities and consumers are effectively addressed. Over the next several years the plan would include:

  • making more services accessible to Nova Scotians throughout the Province
  • lead the government strategy for E-Government to achieve effective electronic service delivery
  • modernize and streamline registries related to business activity into an integrated Business registry
  • modernize and streamline registries related to land ownership activity into an integrated Land Registry
  • work with municipalities to deliver property valuation and taxation services

The restructuring teams report has been submitted to Government for approval of the direction and organizational elements.

Within the Department there has been some re-structuring as well during transition. The Municipal Services Division which formerly contained three sections has been compressed into two. The Planning and Advisory Services section, which focuses on advice and assistance to municipalities on governance, finance and community planning, is headed by Brant Wishart. The Grants and Programs section which provides capital and operating assistance to municipalities, falls under Marvin MacDonald.

 
 

In the spring sitting of the House the Legislature passed amendments to the Municipal Government Act. A key reason for the amendments was to bring in new sections to enable municipalities to levy additional property tax for non-resident land owners of residential and resource property. While this amendment has been passed it has not been proclaimed and therefore is not yet in effect.

Some other amendments that are of particular interest to planners have been proclaimed and are in effect. Section 220 dealing with the content of the LUB has been amended to include a new clause (ca) that will allow the regulation of the location of a structure on a lot. This had been inadvertently left out originally.

Section 247(3) and 249 have been amended to clarify that a refusal of a subdivision concept plan can also be appealed to the Utility and Review Board.

Sections 269 (5) and 282(1) have been amended to clarify that a subdivision that adds or consolidates parcels that are owned by the same person do not require a deed be provided to the development officer before it can be approved.

Finally, the notice for service provisions of Section 260 (how a notice can be made and that it is deemed delivered after three days) have been amended to remove any inconsistency with Section 509. Essentially, the wording of Section 260 has been moved to Section 509 and the original Section 509 deleted.

There are, no doubt, other amendments that could be made before the Act performs the way it should. We are keeping track of things that need to be changed so if you see something please let us know.

 

As of August 1, 2000, the Housing Services Division of the former Department of Housing and Municipal Affairs, became a division within the Department of Community Services.

This realignment will allow for all major "enabling" social programs to be delivered by one department. The Housing Services Division is responsible for provincial housing initiatives, including program delivery, social housing operation and residential land development.

The "new" Department of Community Services now includes four major program areas:
Community Support for Adults, Family and Children's Services, Housing Services, and Income and Employment Support Services.

The Land Development Section of the Housing Services Division, currently located in the Bedford Regional Office, and the remainder of the division will soon be joining the rest of Community Services head office staff, in their new location at Nelson Place on Spring Garden Road in downtown Halifax.

 

Planning Developments on the Web has been given a more professional look and increased functionality, as part of the re-make of the Departmental Web site. Until Departmental re-organization is completed and the Web site is moved to the new Service Nova Scotia and Municipal Relations agency, you can find it at:

http://www.gov.ns.ca/snsmr/muns/plandev/news.asp

The improved appearance is not the main advantage of the new product. All the text files of articles have been input into a database which allows full text searching. The "Search for News" option allows you to search for articles based on any word in their text.

"News Home" features the main article from the current issue, with links to the other articles in a table of contents format below. "List News" gives just the full list of articles in the current issue. "Detail News" provides in sequence the full-text content of every article in the current issue.

"Archived Articles" lists all the several hundred articles from previous issues, sorted by date and starting with the most recent.

"Add News Article" allows the input of the text of a draft article intended to be published in the newsletter. Anyone can submit a proposed article for review by the Editorial Committee. Approved articles can be added to the database. This opens the possibility for "e-publishing" of articles submitted from outside the Department.

Finally, "Register for News by Email" allows anyone to be added to an e-mail list. This e-mail list notifies the subscriber when new articles are added to the Planning Developments database.

We hope that you will enjoy the new functionality and appearance which our new Web page offers to the reader.

 

1. Mahone Bay Heritage and Cultural Society v. Town of Mahone Bay (January 14, 2000, NSUARB-PL-98-31/32)

This appeal was heard by a three member Board. It resulted from the decision of the Council to enter a development agreement to permit the construction of a twenty-four unit residential development on the Town's waterfront.

The property in question is designated as "Industrial Shoreline" and the Appellants argued that the MPS policies concerning the development of uses in this designation prevented Council from entering the agreement. They argued that multi- unit residential development was only allowed in areas designated "Residential" on the Future Land Use Map. The Town argued that the "Industrial Designation ", apart from the industrial uses also permitted commercial uses. The commercial zone also allowed residential uses as permitted uses. Since the proposed development was in fact residential, then it followed that this stacked approach to permissible uses would allow the Council to consider this development agreement.

The board stated that it is clear "that it is possible to have more than one interpretation of an MPS. Thus, the fact that an appellant may put forward an interpretation which is "reasonably consistent with the MPS does not mean the Council's contrary interpretation may not also be "reasonably consistent". The Board noted that "the burden which rests on the Appellants is not to show the "reasonableness" of their interpretation, but rather to establish that the Municipality's decision to enter into the development agreement is not reasonably consistent with the MPS."
The Board found that it was "Council's intent to "permit maximum flexibility " for uses in the area designated Industrial Shoreline, which includes the property in question; permits all uses allowed in the Commercial Zone in the area designated Industrial Shoreline; allows residential uses in the areas designated Commercial; and allows multi-unit residential development (i.e., the type of development proposed here) in areas designated Residential. Thus according to this view, a multi-unit residential is possible in the area designated Industrial Shoreline." The Board then dismissed the appeal and confirmed Council's decision to enter the agreement.

One member of the Board gave a dissenting opinion from the majority decision. This Board Member noted that the ACT requires both the MPS and the LUB to clearly identify the developments that are subject to the development agreement process. The Board Member also noted that there was a clear policy in the MPS that enabled the Council to consider new multi-unit residential uses, by agreement only in those areas designated Residential on the Future Land Use Map. There was no similar policy for areas designated Industrial Shoreline. In the Board Member's opinion the issue in this appeal was "whether there is anything in the MPS which would allow one to conclude that condominiums are permitted in the Industrial Shoreline Designation." The Board Member stated that "The requirement that the property be in an "area designated Residential" is a term or condition that must be complied with. The intent of the MPS is clear and unambiguous. Council's decision does not meet this requirement and is accordingly inconsistent with the intent of the MPS." The Board Member further stated that "In my opinion, Council's decision is not reasonably consistent with the intent of the MPS. I would allow the appeal."

2.Southwest Properties Ltd v. Northwest Community Council of Halifax Regional Municipality (May 26, 2000, NSUARB-PL-00-04)

This was an appeal of Council's decision to enter a development agreement that would allow the parking lot of an existing shopping center to expand. The appellant was the owner of a shopping center across the street. The solicitor for the developer requested a preliminary hearing to determine whether or not the Appellant was an "aggrieved person" under the Municipal Government Act.

The Appellants argued that the increased parking capability would disrupt traffic patterns and that sales would decrease because of this. Also, the Appellant felt that customers would be delayed from reaching its shopping center. This would, in the opinion of the Appellant, affect the value of the property.
The developer had a traffic study done which indicated "that the traffic flow will be virtually unaffected by the proposed mall expansion.."

The Board noted that "In order to be accorded the status of an "aggrieved person", a party must show that their interests will "genuinely suffer" or are "seriously threatened". The Board found that based on the evidence "the Appellant has not established that approval of the agreement will seriously threaten its economic interests" The Board then decided that the Appellant was not an aggrieved person and dismissed the appeal.

3. Charles Richardson v. Town of Wolfville (June 1,2000, NSUARB-PL-00-09)

This appeal was from the decision of Council to enter a development agreement to allow for the conversion of an existing building into a lounge, restaurant and micro brewery. The Town requested a preliminary hearing to determine whether the Appellant was an aggrieved person.

The Appellant lives approximately one half mile from the development. He gave evidence that the "quiet enjoyment of his residency depends on many factors, including whether or not his family can live there if the taxes keep increasing." The development agreement required the developer to pay to the Town a sum of $18,000 in lieu of not being able to meet the parking requirements for the new use. He argued that the normal requirement of the LUB would have put that sum at $50,000. This loss of $32,000 would be gone and that would affect everyone in Town.

The Board noted that "In order to be an "aggrieved person", an individual must have a unique status of some sort which sets him apart from all other residents in the area." The Board further stated that he was "not uniquely affected by the approval of this development agreement. By his own admission, he is affected in the same way as all other residents in the Town of Wolfville. As such, the Board finds that the Appellant does not genuinely suffer, or is seriously threatened, with any form of harm prejudicial to his interests." The Board then found that the Appellant was not an "aggrieved person" within the meaning of the MGA and dismissed the appeal.

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