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Nova Scotia’s Statements of Provincial Interest

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Presentation on theme: "Nova Scotia’s Statements of Provincial Interest"— Presentation transcript:

1 Nova Scotia’s Statements of Provincial Interest
1 February 2018

2 WHY?

3 Canadian Context BC √ AB ⍟ SK MN ON QC NB PE NS NF
Provincial Policy / Statements Regional Planning Policy Statements BC AB SK MN ON QC NB PE NS NF ⍟ = enabled / provided for √ = exist / in place

4 The NS Statements of Provincial Interest Are…
“intended to serve as guiding principles to help Provincial Government departments, municipalities and individuals in making decisions regarding land use.” In municipalities, implemented primarily through the Municipal Planning Strategy process. Are applicable to Provincial activities.

5 The NS Statements of Provincial Interest Are…
A way to deal with issues that cross jurisdictional boundaries. Drinking water supplies, productive agricultural land and areas that flood, all occur on a regional scale, rather than a municipal scale, because they are influenced by regional physiographic factors. In consequence, the statements of interest naturally lend themselves to the regional management of land.

6 Identification of flood risk To protect the quality of drinking water within municipal water supply watersheds. To protect public safety and property and to reduce the requirement for flood control works and flood damage restoration in floodplains. To protect agricultural land for the development of a viable and sustainable agriculture and food industry. To make efficient use of municipal water supply and municipal wastewater disposal systems. To provide housing opportunities to meet the needs of all Nova Scotians. Also thinking about Healthy Built Environments Thinking about linkages to economic development Agricultural land protection Drinking water protection Provision of range of housing Efficient use of infrastructure

7 Implementation Overall, no Statement is intended to take precedence over any other. Activities need to be “reasonably consistent” with the Statements, which according to in the Act means that municipalities must take reasonable steps to apply the relevant statements to the local situation when preparing or amending planning documents. While not prescriptive, this approach provides flexibility for communities to address local conditions, while still considering overall issues that the Province feels represent a wider public good. Province may request that a council adopt planning documents that are reasonably consistent with statement of provincial interest. Ensures that municipalities are at considering these issues. Instead local circumstances and informed, thoughtful decision making will dictate how the Statements should be applied and hence the form of development or resource use which should take precedence. Where (a) a council does not comply with a request to adopt planning documents; or (b) development that is inconsistent with a statement of provincial interest might occur and the Minister is satisfied that there are necessary and compelling reasons to establish an interim planning area to protect the provincial interest, the Minister may, by order, establish an interim planning area for a prescribed area. (4) Within an interim planning area subdivision, development, or certain classes of subdivision or development, may be regulated or limited or prohibited in whole or in part, as necessary, to protect the provincial interest.

8 Why SPIs are a Good Tool in NS
Statements of Public Interest. Are straightforward. Enable municipalities / local communities to identify where issues are occurring or likely to occur and how to deal with them, while maintaining an ability for the Province to intervene if required . Enable departments to invoke land use planning controls where SPIs support departmental initiatives (e.g. Dept. of Agriculture and protection of agricultural land, Dept. of Environment and protection of source water supplies). Identify what is essential to protect Can be used to look at issues that cut across jurisdictional boundaries

9 Why SPIs are a Good Tool in NS
Have been used to protect agricultural land and NS Court of Appeal has confirmed Minister’s power to use them 2011

10 Why SPIs are a Good Tool in NS
Recently just completed a review looking at source water protection, was recognized that protection was limited, Minister required use of protection zone that was larger. Have recently been used to manage funding application (e.g. in Amherst, NS Housing disallowed funding application because development was in a floodplain which made it contrary to SPI on flooding).

11 Recommendations Be sure that they are about items that can be clearly defined as being in the public interest. Be clear about what they are to achieve. Determine how prescriptive they should be. Clearly define who is responsible for implementation. Provide excellent guidance material.


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