Cluster Development Regulations

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Consultation has concluded

The Municipality of the District of Lunenburg (MODL) is developing new rules that will impact how certain types of cluster developments occur across the municipality. Cluster developments, which are sometimes called grouped dwellings or cluster dwellings, are a type of residential development where several detached and/or multiple-unit dwellings are located on the same property.

On the ground, these developments can look and feel the same as a traditional subdivision, with individual houses located along an internal road. However, due to the lack of property lines within the development, they can also look different, with clusters of homes or other structures

The Municipality of the District of Lunenburg (MODL) is developing new rules that will impact how certain types of cluster developments occur across the municipality. Cluster developments, which are sometimes called grouped dwellings or cluster dwellings, are a type of residential development where several detached and/or multiple-unit dwellings are located on the same property.

On the ground, these developments can look and feel the same as a traditional subdivision, with individual houses located along an internal road. However, due to the lack of property lines within the development, they can also look different, with clusters of homes or other structures located close together on one portion of the property, while the remainder of the property is left in a natural state.

Ownership structures of cluster developments can vary. Some developments may be owned and maintained by a single individual or entity that rents out the units to tenants. In this case, the units and all associated infrastructure such as roads, parks, and wastewater facilities are maintained by the owner of the property.

Another ownership structure is through a condominium corporation in the form of a bare land condominium. A bare land condominium development typically involves individual dwellings located on individual “units” of land that are owned and maintained by individual owners, in the same manner that a condo unit in a large building is owned. However, associated infrastructure such as roads, parks, or wastewater facilities is typically owned and maintained collectively by all the owners of the units within the development through the condominium corporation. Similarly, these aspects of the development are comparable to the parts of a condominium building that are collectively owned and maintained such as the lobby or hallways.

Why Regulate Cluster Developments?

When developments are proposed in MODL, the land use controls that allow the Municipality to ensure certain standards are met are only triggered when land is subdivided. For example, when land is subdivided, the Municipality can evaluate the proposal to ensure it meets any requirements on environmental impacts or infrastructure standards. However, because cluster developments do not involve the subdivision of land, there is currently no way for the Municipality to ensure that these developments meet the same requirements. This initiative is aimed at putting regulations in place that considers the adequacy of the site in terms of road access, servicing capacity, and environmental impact.


What Regulations Are Being Proposed?

The Municipality has passed First Reading on new regulations that would establish a limit to the number of dwellings that could be built on a single, unserviced lot without the need for a special approvals process. If a development involved more than this limit, a special approvals process in the form of a Development Agreement would apply. In this scenario, the Municipality would use this process to evaluate the proposal based on a number of factors surrounding road accesses, servicing capacity, and environmental impact.


Where Will These Regulations Apply? 

The proposed regulations would apply everywhere in the municipality, with the exception of fully serviced areas such as Osprey Village. In areas where there are existing land use by-laws already in place, the most stringent of the regulations would apply.


Consultation has concluded

  • Notice of Intention to Adopt Cluster Development Regulations

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    On July 30, 2024, Municipal Council passed First Reading on an amendment to establish Cluster Development regulations. A public information session will be held prior to a public hearing to give residents opportunities to learn about the regulations and ask questions.


    Information regarding the dates and times of the public information sessions and public hearing will be provided in a future update. For more information about this project, please sign up for our newsletter updates, in the Stay Informed section on this page.

  • Council First Reading for Cluster Development Regulations

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    On July 30, 2024, during a special Council meeting, the Cluster Development regulations will be brought forward to the Municipality of the District of Lunenburg's (MODL) Council in the form of amendments to the Municipal Planning Strategy and Municipal-Wide Land Use By-law. The meeting will begin at 9 a.m. and will be held in Municipal Council Chambers at 10 Allee Champlain Drive, Cookville. Council meetings are open to the public and any interested residents are encouraged to attend. To view Council's agenda for July 30, 2024, click here.

    The amendments to MODL’s community plan contain the regulations for cluster developments. The Land Use By-law will define what developments these regulations apply to. To view the proposed Land Use By-law, click here. 

    The Municipal Planning Strategy outlines the procedure by which cluster developments are permitted by development agreement, the requirements that such a development agreement can contain, and the provisions for non-conforming (grandfathered) bare land condominiums, among other policies. To view the proposed Municipal Planning Strategy, click here.

    A staff report is available by clicking here. Next steps in this process involves a public information session and a formal public hearing. This website will be updated as soon as dates and times are confirmed.

  • Statement from Mayor Carolyn Bolivar-Getson, February 26, 2024:

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    Today, the Government of NS announced The Future of our Coastline: Nova Scotia’s plan to protect people, homes, and nature from climate change and it provided Coastal Property owners with resources and planning tools to help them plan for the effects of climate change. These resources included a Coastal Hazard Map (and Users Guide) so that coastal property owners can see what sea level rise and storm surge could look like on their property at high tide in the year 2100; a Navigator Service (to help residents use the Coastal Hazard Mapping Tool and understand your results); and a Coastal Adaptation Toolkit.

    MODL has prepared a draft Coastal Protection Land Use Bylaw which was scheduled to proceed to First Reading tomorrow (Feb 27, 2024). MODL did not have access to the resources and tools that were announced today by the province and, on a brief review of the provincial information, it appears that there is some discrepancies between the scientific information that we relied upon in creating our Coastal Protection Land Use Bylaw and the information that the Province relied upon in creating the Coastal Hazard Map. In order to ensure that we are using the best information available, I will be recommending that Council pause the First Reading of the Coastal Protection Land Use Bylaw to permit staff to review the information released by the Province earlier today. Under the circumstances, I fully expect that Council will agree with my recommendation and that the First Reading of the Coastal Protection Land Use Bylaw will be removed from tomorrow’s Council Agenda.

    In addition, given the number of comments and questions received by members of Council regarding the Cluster Development Land Use Bylaw, I will also be requesting that we pause the First Reading of the Cluster Development Land Use Bylaw as well to allow for additional public engagement with residents. Again, I anticipate that Council will support my recommendation on this item as well.

  • Council First Reading for Cluster Development Regulations

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    On February 27, 2024, during a regularly scheduled Council meeting, the Cluster Development regulations will be brought forward to Council in the form of an amended Municipal Planning Strategy and a new Municipal-Wide Land Use By-law. The meeting will begin at 9 a.m. and will be held in Municipal Council Chambers at 10 Allee Champlain Drive, Cookville. Council meetings are open to the public and any interested residents are encouraged to attend.

    To enact these regulations, the Municipality of the District of Lunenburg's (MODL) current Municipal Planning Strategy needs to be repealed and replaced with a new document that includes edits to older sections and the addition of new sections pertaining to the Cluster Developments. To view the proposed amended Municipal Planning Strategy, click here.

    In addition, a new Municipal-Wide Land Use By-law document has also been prepared which contains Cluster Development regulations. The document contains standard regulatory information such as title and purpose, definitions, administration, and a general provisions section that includes specific Cluster Development regulations. To view the proposed new Municipal-Wide Land Use By-law, click here.

    A staff report outlining the approvals process has been prepared and is available by clicking here. Next steps in this process involve public information meetings and a formal public hearing. This website will be updated as soon as dates and times are confirmed.

  • Council Direction on Cluster Development Regulations

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    On December 5, 2023, during a Special Council meeting, Council discussed proposed regulations for Cluster Development. After hearing input from the public, including potential developers, and a thorough discussion, Council passed the following motion:

    • That Municipal Council direct staff to prepare Municipal Planning Strategy and Land Use Bylaw amendments related to cluster developments based on the input from the Planning Advisory Committee, the staff presentation, and Council discussion.

    Click here to view the regulations report for Cluster Development.

    Staff is now drafting policies for Cluster Development and is targeted to return to Council for First Reading in February 2024.

  • Council Meeting to Discuss Cluster Development Regulations Tuesday December 5, 2023, at 10:30 a.m.

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    Council will discuss the Planning Advisory Committee's recommendation pertaining to the Cluster Development regulations at a special Council meeting on Tuesday December 5, 2023. The meeting will begin at 10:30 a.m. and will be held in Council Chambers at the Municipal Office (10 Allee Champlain Drive, Cookville).

    Council meetings are open to the public, and any interested residents are encouraged to attend to learn more about the proposed Cluster Development regulations.

    Click this link to view Council's agenda which includes the Planning Advisory Committee's recommendation.

    For further information, please contact Jeff Merrill, Director of Planning & Development Services at 902-541-1340.

    To view all informational materials related to this project, please visit: https://engage.modl.ca/cluster-development-regulations

  • Council Meeting to Discuss Cluster Development Regulations Tuesday November 28, 2023, at 9:00 a.m.

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    Council will discuss the Planning Advisory Committee's recommendation pertaining to the Cluster Development regulations at a regularly scheduled Council meeting on Tuesday November 28, 2023. The meeting will begin at 9 a.m. and will be held in Council Chambers at the Municipal Office (10 Allee Champlain Drive, Cookville).

    Council meetings are open to the public, and any interested residents are encouraged to attend to learn more about the proposed Cluster Development regulations.

    Click this link to view Council's agenda which includes the Planning Advisory Committee's recommendation.

    For further information, please contact Jeff Merrill, Director of Planning & Development Services at 902-541-1340.

    To view all informational materials related to this project, please visit: https://engage.modl.ca/cluster-development-regulations

  • Cluster Development Recommendations Report

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    You can now read the Cluster Development Recommendations Report!

    The Recommendations Report outlines staff recommendations for ways to regulate Cluster Development in the Municipality going forward. A special Planning Advisory Committee meeting that is open to the public will be held at the Best Western (527 Nova Scotia Trunk 10, Cookville) on October 12, 2023, starting at 7 p.m. where planning staff will present the recommendations and hear from the public and the committee.

    To read the full report, click the following link: https://engage.modl.ca/37531/widgets/155071/documents/115100


  • Cluster Development What We Heard Report

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    You can now read the Cluster Development What We Heard Report (WWHR)! The Cluster Development WWHR summarizes all the feedback that was collected through the various forms of public engagement. A special Council meeting that is open to the public will be held on August 29, 2023, from 9AM - 12PM where planning staff will present the WWHR findings.

    To read the full report, visit https://engage.modl.ca/cluster-development-regulations and scroll down to 'Background Documents' on the right side of your screen, then click 'Cluster Development What We Heard Report'.

    The Municipality of the District of Lunenburg extends our gratitude to everyone who participated, your feedback is invaluable to the progression of this project.

  • Project Update

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    Thank you everyone for your interest and participation in this initiative!

    A What We Heard report is being prepared to summarize the input you've provided and it will be presented to Council at a special meeting on August 29th, at 9am which will be held at the municipal building at 10 Allée Champlain Drive, Cookville, NS. The report will also be posted to this site in the days leading up to the 29th. Workshops with Council will be held in September, with staff recommendations and draft regulations coming forward in the Fall. Further updates will be provided on upcoming public meetings in the coming months.