A luxurious neighborhood in Halifax characterized by elegant homes and lush surroundings along the Northwest Arm is now at the forefront of the city’s efforts to expand housing options.
The Birchdale subdivision in the South End has been subject to a restrictive covenant since 1941, limiting the construction of only single-family residences on its high-value lots.
However, a recent development in July saw Halifax’s chief administrative officer (CAO) approve a request to modify the covenant on a property located on Thornvale Avenue within the neighborhood. The change involved converting the property to the underlying land-use zoning.
The property owner, Michael Risley, expressed his intention to construct a small condominium on the site, leveraging the zoning regulations that permit up to eight units based on lot size. This proposal has sparked opposition from around a dozen neighboring residents, including businessman Colin MacDonald, who voiced concerns over the potential impact on the neighborhood’s ambiance.
In response, a group of residents has contested the decision, appealing to the Nova Scotia Regulatory and Appeals Board to overturn the CAO’s ruling on covenants.
Covenants are legal agreements among property owners commonly established during subdivision creation, outlining land use restrictions that endure even through property transfers.
The legislative changes in 2023 empowered Halifax to modify covenants more stringent than existing zoning regulations, especially concerning height or density.
Following significant zoning adjustments linked to the federal Housing Accelerator Fund, applications to lift covenants surged, with the CAO greenlighting most requests. However, a few decisions have been appealed, raising concerns about the current fragmented approach.
The ongoing Thornvale Avenue case is among several appeals challenging the modification of covenants, with residents like Gus Ghosn, Allan Shaw, and Brad Langille expressing reservations about potential multi-unit developments’ adverse effects on the neighborhood’s character and property values.
The appeals board is expected to render decisions on these cases before the year ends, setting a precedent for future proceedings. The evolving scenario underscores the delicate balance between addressing housing needs and preserving the character of established communities.