The Nova Scotia Utility and Review Board on January 22, 2019, ruled that the CBRM did not follow the intent of their municipal planning strategy when they narrowly voted  to create a new zone in Big Pond for a large RV/recreation development.

Social media took in a deep breath, and then another one, and exhaled hoorays, profound relief, deep disappointment, and even outrage. I’ve read the media coverage of the UARB ruling and I am disappointed to report that, save a piece in The Cape Breton Spectator, it has not been useful to the public. 

The UARB is transparent in how they conduct hearings and why they rule as they do: Why not put your feet up, pour a drink, and read the decision?

You can read it here. If this link fails, google “UARB” and “new decisions”.

For now, let me explain, for those not yet familiar with the UARB ruling,  how things went down. 

1. The CBRM Council has to follow their own policies when they make a new zone to accommodate a developer of a campground.
2. If a developer wants to build an RV park in CBRM, policy 17 e of the CBRM must be followed.
3. Yes, this is probably a little boring, but stick with me.
4. You can read policy 17 e here.
5. The CBRM does not allow campgrounds/RV parks to be built anywhere in rural Cape Breton. Policy 17 e states that if a campground is to be built, those who live in the vicinity must be provided reasonable protection from 4 things: traffic, fumes and dust, noise, and visual incompatibility.
6. Some sites, for example, have stands of mature trees which could provide a visual buffer between existing neighbourhoods and a proposed development, or a very large site may be able to house an RV park in a way that noise is lessened to a reasonable degree, 
7. The site that the developer chooses must fit the development in that it is possible to provide reasonable protection to people living nearby. 
8. CBRM planning advised CBRM Council that the people living in this area could be reasonably protected from the proposed Big Pond RV park, but the UARB points out that CBRM planning made errors in interpreting Policy 17 e and in applying it to this development, 
9. The UARB is required to do their own analysis of the CBRM municipal Planning Strategy and how it applies to this development.
10. I will let them speak for themselves, only removing family names and replacing them with numbers:  “Taking into account all of the evidence, the Board finds that, in terms of visual compatibility and noise, the zone provisions in the proposed Big Pond Campground Zone approved by Council would provide no protection whatsoever to the properties located below it on Lochmore Harbour (i.e., on the barachois), including the residential properties of 1, 2, and 3,  There are no zone provisions that would provide any protection measures, let alone reasonable ones, for these properties located in proximity to the campground. “
11. This a super clear decision. Policy 17 e of the CBRM Municipal Planning Strategy clearly states that Council must decline the application for a development in a scenario like this one. 

The discussion around development in our communities is an important one to have: My advice to anyone hoping to understand how a development decisions unfolds in CBRM is to attend meetings and read original materials.