Is it legal to build a facility on the Common?

It appears that the Halifax Common was designated a Historic Site under Section 425 of the City Charter (Ordinance 10). If this is the context for developing the Halifax Common Plan, then it is important to understand the duty and care components that inform the management principals for these lands.

I believe it is premature to move this forward, and I believe that the recommendation to make the Skating Oval a permanent fixture on the Common needs further study and a more level, and formal public consultation before any steps are taken in this direction.

We need to examine Ordinance 10, Section 425 of the City Charter to determine the next steps, which would constitute proper due diligence in a project of this scope. The costs, tax implications, historical implications and future ramifications are large, and if it is not in fact, legal, then it is a whole other scenario.

As stated in an earlier blog. I have made a FOIPOP request to get the legal documents governing these lands and will post them as I recieve them.

More later.

Skating Oval - Privacy Request and Google Earth Images - March 2011

As there seems to be a strong forward momentum from within HRM City Council to proceed with efforts to make the Skating Oval a permanent infrastructure on the North Common, I have decided to examine, as an interested Citizen in HRM, the legal status and requirements regarding care and management of the Common Lands in HRM.

You can attend City Hall on Tuesday, March 29, 2011 at 10 a.m. - public is welcome but cannot participate. However, if you feel some passion, you can print out this poster and bring it with you to hold up and shake vigorously when you get excited or vexed.

Please find my Access to Information Request to Office of the Mayor - HRM - requesting documentation on the legal status regarding the management and care of the Common Lands in HRM. I will post the results of this request for reference when I receive it.

I also present to you a Satellite Image (from Google Earth) of the Skating Oval on the Halifax North Common - March 2011.  As you will note, the land use for this infrastructure is significant, with the probability that a permanent structure would require yet more land to meet building code standards. A close up of the Skating Oval follows.

The Halifax Common - Future Planning for Preservation - and - Say No Making the Skating Oval Permanent Winter 2011

Petition - No To Permanent Skating Oval on North Common

I think it is very important to preserve what is left of the Halifax North Common. The Common is a treasure of open space right in the downtown area of Halifax. It is part of the last vestiges of a land grant given to the city in 1763 by King George III and it originally encompassed all the lands from  Cunard Street in the north, South Street in the south, Robie Street to the west and North Park/Ahern/Bell Road/South Park Streets to the east. See image 1. 
image 1
Today the Common is largely comprised of public buildings, public streets and public parks. In 1942, the restrictive lines were erased, resulting in the construction of Queen Elizabeth High School, which has been rebuilt at the cost of additional Common lands, the Vocational School , CBC Studios, hospitals, city streets, etc. The remaining open lands in the north (43 acres) are what is left of the Common as open undeveloped space. The area has been used for a variety of activities, mostly as passive areas and as well used recreation area for organized and spontaneous events. All temporary in nature. Interestingly, the Armouries was built just off the Common in 1899, and while not part of the Common, could have some future potential as a site for use in relation to Common evolution if developed as a wonderful heritage site with modern application/usage.

The Common space at this time is very well developed, and barely half of the Common remains as public open space and that is found mostly in the north and central Common. The other spaces are developed for specific activities as found at the old Wanderers Grounds, the Public Gardens, and Victoria Park, Camp Hill Cemetery site and public streets. See image 2.
image 2
With amalgamation in 1996, the Halifax City Charter was abolished and regional council of the Halifax Regional Municipality became the steward for the Halifax Common, along with all other municipal lands.

As things stand, there is not a lot of the original open space left of the original land grant. I don't think most people understand that the current proposal to make the skating oval a permanent fixture on the Common would eat up so much of the remaining Common lands. The map below shows the placement of the oval on the common. This in addition to the development of concert area, constitutes a serious erosion of the remaining North Common space. See image 3. 

image 3

For more information on the proposed development plan for the North Common, please read the HRM Proposed Conceptual Plan for the North Common.

I suggest that it would appropriate at this time to designate the land as heritage site and form a conservancy to manage the area appropriately as both a resource and as a valuable heritage and gift of open space to residents and visitors alike.  The current Proposed Conceptual Plan for the North Common is not a visionary document but rather appears to be a document that is driven by the desire to generate income while placating interested parties, so that it appears to me in reading the document, an inherent conflict of interest regarding the vision and care of the North Common lands.

We need to see the following elements with respect to care and development of the North Common:

1. Legal Status of the Lands
2. Land Use Agreement
3. Land Use Decision Support Models
4. Land Use Policy
5. Land Use Consumption Study
6. Agreement on Community Involvement
7. Regional and Economic Analysis
8. Business Case for Conservancy vs Municipal Management
9. Inventory of buildings on all Common lands

Links:

Globe and Mail story - January 10, 2011

CBC Coverage

Global News Video - January 13,2010

CBC - January 20, 2011