FALL RIVER: A community group from Fall River who sought a judicial review of the Ingram Drive development is considering an appeal of the recent decision by a judge to dismiss their court challenge.
That comes after Justice Ann Smith, who heard arguments on the controversial development ruled the group had not filed their court challenge in the time period they should have.
In November 2024, the group known as the Stop Proposed Development Amendments for Ingram Drive, Fall River Village asked for a review by N.S. Supreme court of the provincial government’s approval.
Concerns raised by the group included a lack of emergency egress and a CN railway passing through the site.
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David Nunn was the primary applicant in the judicial review request.
He told CBC N.S. that the judge dismissed the case because their group had filed the challenge after the required 25-day window.
The development, known as Opportunity Site C, was turned down by HRM council in 2022. However, the provincial government, under then Municipal Affairs Minister John Lohr, designated it as a Special Planning Area in Feb. 2024.
That allowed the province to trump the municipality’s decision and have it go ahead.
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In Aug. 2024, Lohr announced the province had approved a development agreement with Perry Lake Developments for three multi-unit buildings at the site, creating about 120 housing units.
Nunn told CBC N.S.—and had said to a community meeting The Laker News covered—that the Fall River project does not fit most of the province’s criteria for special planning areas.
He said the group is considering an appeal of the judge’s decision.
