Subdivision Regulation and Discretion 2019


Course Date: May 30, 2019

Full Course Materials
Total: 5h 40min
Total Ethics: 1h

Welcome and Introduction

Nathalie J. Baker — Eyford Partners, Vancouver
Raymond E. Young, QC
Local Government and Planning Law Chambers, Vancouver

Subdivision Bylaws, 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; and the exercise of discretion by the Approving Officer

Michael E. Quattrocchi Young Anderson, Vancouver

Break

Statutory Basis and Anatomy of a Works and Services Bylaw and of a Works and 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: s509 LGA
    • timing of installation of works & services
    • setting the standards
    • security for completion maintenance obligations

Peter D. JohnsonStewart McDannold Stuart, Victoria

Public Dedications, Statutory Rights of Way, School Lands, Highways and 219 Restrictive Covenants

  • 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
  • interesting situations
    • plan cancellations
    • notations on title (park/road purposes) mistakes on plans

Olga Rivkin Lidstone & Company, Vancouver

Networking Lunch (provided)

Bare Land Strata Plans, Phased Strata Plans, and Relevant Provisions of 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

Guy Patterson Young Anderson, Vancouver

Latecomer Agreements and Extended Services

  • legislative provisions governing latecomer charges and excess and extended services and the judicial consideration of these legislative provisions
  • compare and contrast these financing mechanisms with other development services funding, considering the preferences and perspectives of both local governments and the development community

Pamela J. JefcoatCivic Legal LLP, Vancouver
Emily McClendonCivic Legal LLP, Vancouver

Break

Judicial Review of Approving Officers' Decisions

  • statutory appeal vs. judicial review; procedure and substance
  • 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

Sara DubinskyLidstone & Company, Vancouver

An Approving Officer's Perspective, Woes, and Trials and Tribulations

  • decisions that an approving officer needs to make and the considerations
  • challenges faced in the decision making process
  • scenarios that approving officer faces and how they deal with them

Chuck Goddard Manager of Development and Environmental Services/Subdivision Approving Officer, City of Maple Ridge, Maple Ridge

Closing Remarks

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