Subdivision Regulation and Discretion 2016
Course Date: May 12, 2016
Total: 5h 27min
Course Date: May 12, 2016
Welcome and Introduction
Raymond E. Young, QC — Local Government and Planning Law Chambers, Vancouver
The Subdivision Application Process, Statutory Considerations, and the Broad Powers of the Approving Officer
- the role of the approving officer
- the subdivision application process, including general subdivision requirements under the Land Title Act
- the preliminary review process and issuance of Preliminary Layout Approvals
- matters considered by the approving officer on application for approval and statutory grounds for refusing to approve a subdivision plan
- the exercise of discretion by the approving officer
Pamela J. Jefcoat — Civic Legal LLP, Vancouver
Networking Break
Anatomy of a Works & Services Bylaw and Anatomy of a Works & Services Agreement
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what is a works & services bylaw?
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what is the authority?
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when does it apply?
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works required—types and standards
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requiring connections
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what is a works & services agreement?
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postponement of construction obligations: s. 509 LGA
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timing of installation of works & services
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setting the standards
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security for completion
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maintenance obligations
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Colin E. Stewart — Stewart McDannold Stuart, Victoria
Easements, Statutory Rights of Way, and Covenants Within the Subdivision Process
- common law and statutory requirements
- various uses
- drafting considerations
- issues related to registration (and discharge)
Lynda M. Stokes — Murdy & McAllister, Vancouver
Networking Lunch
Public Dedications: Parks, Schools, and Highways
- when land dedications can be required and for what purpose
- rezoning/development
- subdivision
- how can dedication be achieved
- dedication on a plan
- fee simple transfer
- advantages and disadvantages of various approaches to dedication
Olga Rivkin — Bull, Housser & Tupper LLP, Vancouver
Subdivision Regulation Under the Strata Property Act
- bare land stratas, phased stratas, and strata conversions
- the roles of the approving officer and the approving authority
- when are approvals required?
- what is the scope of discretion in the strata context?
- what does the approving officer or authority look for?
- unusual issues faced by approving officers and approving authorities
Michael E. Quattrocchi — Young Anderson, Vancouver
Networking Break
Late Comers and Extended Services
- what are excess and extended services?
- the requirement of excess and extended services
- latecomer agreements
- the terms of a latecomer agreement
- who decides on the terms?
- arbitration
- latecomer payments
Sukhbir Manhas — Young Anderson, Vancouver
Appeals and Judicial Review of Subdivision Decisions
- statutory appeal vs. judicial review; procedure and substance
- s. 85(3) the scope of the public interest jurisdiction
- s 86 and the scope of considerations relating to: injurious effect on established amenities; flooding erosion, landslip, and avalanche; and excessive public cost
- s. 87 conformance with local government bylaws
Raymond E. Young, QC — Local Government and Planning Law Chambers, Vancouver
Closing Comments and Questions
Raymond E. Young, QC — Local Government and Planning Law Chambers, Vancouver
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Paper: The Subdivision Application Process, Statutory Considerations and the Broad Powers of the Approving Officer
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