Eastern Shore development impacted by stricter land-use enforcement

A Nova Scotia landowner in West Jeddore says he is out a substantial amount of money due to stricter enforcement of land-use bylaws by Halifax's planning and development department.

George Hornmoen bought a property in a subdivision with a total of 11 lots in 2008. Each lot is approximately 12 hectares and all have ocean frontage.

He was hoping to build a retirement home but can't get a permit because the land doesn't have 30 metres of frontage along a public road.

Located on a private lane, the property was subdivided under provincial rules normally used for resource purposes such as mining, farming or wood lots. For example, if a farm owner wants to sell part of a property so someone else can do some farming, they can divide the property under those rules.

No building permit

Hornmoen isupset that even though a real estate agent and lawyer were involved in the land transaction, he wasn't told about the bylaw requiring 30 metres of street frontage.

"We went through an accredited real estate agent and a lawyer to do the deed transfer. At no point did anyone tell us that these lots are unsuitable for building on," he said.

Hornmoen said he didn't realize the problem until a neighbour of his couldn't get a building permit this spring because of the lack of public road frontage.

Tougher enforcement

Hornmoen said he believed the rules changed recently because a few properties in his subdivision were issued building permits one as recently asNovember.

Adam Richardson, a spokesman for the city, said he doesn't know the details about that permit butinsists the requirement for street frontage is not a new rule. In fact, he said itgoes back to 1996.

He did acknowledge, however, that the bylaw is being enforced more vigilantly because more people are applying for permits on lots that have been subdivided under provincial rules.

Councillor getting calls

Richardson said the bylaw was created to ensure development happens in an orderly way, and municipal services can be offered efficiently in each new area.

The councillor who represents the West Jeddore area says he has received at least a dozen calls from other people who are affected.

"The majority of them on the Eastern Shore but some from the Musquodoboit Valley, Upper Sackville and even in the western region," said Coun. David Hendsbee, who representsPreston-Chezzetcook-Eastern Shore.

Provincial versusmunicipal rules

Hendsbee believes this may be a reaction on the part of planning staff to the use of provincial subdivision rules by developers.

He has asked for a staff report, which is expected in November.

The councillor is not sure if changes can be made to the local land-use bylaw or if he should appeal to the provincial municipal affairs minister to intercede.

"Once a property is subdivided under provincial rules, it gets a premises identification number and a tax bill, so people are paying taxes but can't build on it," Hendsbee said.

Waiting game

Meanwhile all Hornmoen and his neighbours can do is wait.

"We've invested money into puttinga driveway in. Wehad a partialsurvey done," said Hornmoen.

"We'll never get any of that money back unless we're able to build on it, or somebody else is able to build on it and we can sell it to them."