Lunenburg pursues court appeal over housing project as new co-op plan advances
The town is spending up to $35,000 to appeal a decision on a design similar to a new affordable housing project.
LUNENBURG · The Town of Lunenburg is proceeding with a costly court appeal over a rejected housing development, even as a new affordable co-operative project for the same site advances without needing council approval. The Mahone Bay Community Land Co-operative announced it is partnering with Solterre Design on a 44-unit apartment building. This as-of-right development complies with current zoning, allowing it to bypass the council vote that blocked a previous Solterre proposal last year. The earlier plan was for a 50-unit market-rate building on the same land.
In July, the Nova Scotia Regulatory and Appeals Board overturned council's rejection, ruling it did not reasonably follow the town's planning strategy. The town has filed an appeal of that board decision with the provincial Court of Appeal. Mayor Jamie Myra said the municipality intends to continue the legal challenge despite the original rezoning application no longer being active. He stated council declined a recent request from the co-operative to discuss the new project based on legal advice.
Myra argued it would be unfair to halt the appeal midway through the process. "We certainly probably have an option of withdrawing that appeal. I don't know all the details of that because … we have not officially talked about this as a council or with staff yet," Myra said. He added that council "wanted some answers" about the board's ruling. The town's appeal documents claim the board made legal errors in its interpretation of planning rules concerning traffic, pedestrian safety, and flooding, and failed to respect council's stewardship of the UNESCO World Heritage Site.
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The appeals board had accepted a staff assessment that the original project would not affect the heritage designation, as it was outside the protected buffer zone, and found no evidence of a flood risk. Mayor Myra acknowledged council cannot stop the new co-operative proposal under existing rules, which he called a good fit. "In my opinion, obviously if [they had come] to us right off the bat with this proposal, it would probably [already be] moving forward," Myra said. Solterre co-owner Jennifer Corson, a Lunenburg resident, found the mayor's comment confusing. She said there is "virtually no difference" between the two building designs. "[Council’s] role is not to say who the owners of a private property are, but to allow for development following their bylaws," Corson said. She noted Solterre applied for a development permit for the co-op's design months ago, and approval would allow the group to seek federal funding.
Corson expressed frustration that her tax dollars are funding the town's appeal. "I think we would all love just to get to work building housing, and not to be in litigation and in legal fees," she said. A recent staff report estimates the appeal will cost the town between $30,000 and $35,000, in addition to approximately $92,100 already spent on the initial board hearing. The court hearing is scheduled for late January 2027.
With files from CBC News