PLANAPP 2026-00850 - 6 Ramsbrook Court, Halifax

Request

Application from Kulak Construction Ltd. requesting to modify part of the restrictive covenant registered to PID 41276940 located at 6 Ramsbrook Court, Halifax.

Proposal

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The applicant is requesting to modify part of the restrictive covenant registered to PID 41276940 located at 6 Ramsbrook Court.

The specific covenant requested as part of this proposal to be modified is as follows:

• 6.       RESTRICTIONS ON USE OF PROPERTY

  The Lands or any dwelling or any building erected or to be erected thereon shall not be used for the purpose of any profession, trade, employment, service, manufacturer or business of any description, or as a school, pre-school, kindergarten school, day care center, church, hospital, or other charitable institution, nor as a hotel, apartment house, rooming house, or place of public resort, nor for any sport (other than such games as are usually played in connection with the normal occupation of a private residence) nor for any other purpose or anything being done or permitted upon any of the Lands or dwelling or any building erected or to be erected thereon which shall be a nuisance to the occupants or any neighbouring Lands or dwellings.

Regulatory Context

Private covenants are agreements between two parties, such as developers and property owners. Although the municipality does not apply private covenants in the application of municipal land use regulations, changes to the Halifax Regional Municipality Charter (Section 257A) allows the Chief Administrative Officer (CAO) of the municipality to discharge or modify private covenants when they are more restrictive than the current zoning with respect to height or density. Section 257A (3) further states that the decision of the CAO may be appealed to the Nova Scotia Regulatory and Appeals Board.

It is important to note that if the CAO were to choose not to modify or discharge a private covenant, HRM could still issue a permit for the proposed use if it meets the land use by-law and other municipal regulations, because the municipality does not enforce private covenants when processing permit applications.

Process

The application will be considered under the Modification of a Private Covenant process.

Status

Public engagement ended on May 25, 2026. Thank you to all who provided feedback. 

The website will continue to be updated as the file progresses and any resubmissions based on staff and public feedback are provided.

Documents Submitted for Evaluation

The applicant has submitted a rationale letter and provided a copy of the private covenant registered to the subject property as required by HRM staff to properly evaluate the application. The documents are also available for review at the Planning Applications office at 5251 Duke Street, Halifax, Suite 300.

A - Rationale Letter

B - Copy of Private Covenants

C- Private Covenant Rationale and Request Table