Subdivision Regulation and Discretion 2016

Course Date: May 12, 2016

Welcome and Introduction

Raymond E. Young, QCLocal 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. JefcoatCivic Legal LLP, Vancouver

Networking Break

Anatomy of a Works & Services Bylaw and Anatomy of a Works & Services Agreement

  • what is a works & services bylaw?
    • what is the authority?
    • when does it apply?
    • works required—types and standards
    • requiring connections
  • what is a works & services agreement?
    • postponement of construction obligations: s. 509 LGA
    • timing of installation of works & services
    • setting the standards
    • security for completion
    • maintenance obligations

Colin E. StewartStewart 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 RivkinBull, 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. QuattrocchiYoung 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 ManhasYoung 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, QCLocal Government and Planning Law Chambers, Vancouver

Closing Comments and Questions

Raymond E. Young, QCLocal Government and Planning Law Chambers, Vancouver

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