Subdivision Regulation and Discretion 2010
Course Date: November 19, 2010
Course Date: November 19, 2010
Welcome and Introduction
Raymond E. Young — Young Anderson, Vancouver
Drafting and Anatomy of the Subdivision Agreement
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simple subdivision agreement to secure servicing
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latecomer amendments
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complex master development agreements
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restrictions on local government’s ability to contract in relation to subdivision
Colin Stewart — Staples McDannold Stewart, Victoria
Subdivision Dedications: Parks, School Lands, and Highways
- legislative framework
- Local Government Act
- Land Title Act
- case law
- practical tips
Gregory M. Vanstone — City Solicitor, The Corporation of Delta, Delta
Networking Break
Security For Infrastructure Works: Letters of Credit
- authority to require security
- what a letter of credit is and why it is used so predominantly
- what terms to look for in a letter of credit
- alternative types of security: performance bonds, guarantees, and more
Christina Reed — Young Anderson, Vancouver
Regulation of Lot Sizes, Subdivision Standards, and Discretionary Imposition of On-site and Off-site Works and Services
- legislative tools to control subdivision
- impact of new bylaws on existing subdivision applications
- authority of local government to provide services and legislative tools to recover cost for provision of services
- power to require new services/connection to existing services
Sonia Sahota, PEng — Valkyrie Law Group LLP, North Vancouver
Pamela J. Jefcoat — Valkyrie Law Group LLP, Vancouver
Lunch (on your own) and Optional Session
Approving Officers' Discretion and Judicial Review
- grounds for appeal and judicial review—the leading cases
- Dunsmuir and the standard of review
- current case law update
Raymond E. Young — Young Anderson, Vancouver
Development Cost Charges and Credits and Subdivision Works and Services
- legislative framework for DCCs
- when and how are DCCs payable
- DCC exemptions
- offsetting DCC payments
- subdivision works and services: on-site and off-site
Brian E. Taylor — Bull, Housser & Tupper LLP, Vancouver
Networking Break
Latecomers' Schemes and Fees and Extended Works and Services
- the legislative framework for latecomer schemes
- the role of local government and the approving officer in requiring excess or extended services
- servicing costs considerations for developers with excess or extended works and services
Christopher S. Murdy — Murdy & McAllister, Vancouver
Covenants, Building Schemes, and Statutory Rights of Way
- mandatory and discretionary requirements of approving authorities
- drafting demands and tips on avoiding defect notices
- legislative and enforcement loopholes and ethical considerations
Lui Carvello, MCIP — Lawyer and Planner, Victoria
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