Providing Advice to Council
on Planning Matters
Keeping Council out of trouble!!
Part 2
April 19th, 2013
Outline
• Planning Documents
• Processing an Application
• Preparing a Planning Report
• Council Decisions
• Decision Letters
Municipal Plan
•
•
•
•
•
•
Introduction
Background
Vision & Goals
Policies
Implementation
Future Land Use Map
Development Regulations
• Application
• Definitions
• General Regulations
Public Notification
Development Regulations
• General Development Standards
Accessory Buildings
Heritage Preservation
Groundwater
Landscape Alteration
Buffers and Setbacks
Environmental Protection
Non-Conforming Uses
Development Regulations
Other Sections
•
•
•
•
Parking
Use Zones
Zoning Map
Classification of
Uses
Use Zone Table
Signs
Subdivision
17
Processing an Application
• What? Where?
• Gut Reaction – is this a good
development?
• Is this a good
location?
Case Study - Ferryland
• What’s an Application?
Key Questions
Municipal Plan
• Land Use Designation (where?)
• What Policies Apply?
• Consistent with the Intent?
• Other?
Development Regulations
• What Zone?
• Type of use
• Is the use:
• Permitted
• Discretionary
• Accessory
• Legal non-conforming
Referrals Required?
• Service NL?
• Department of Environment and
Conservation?
• Transportation and Works?
• Historic Resources?
• Adjoining Municipalities?
• Fisheries and Oceans?
• Others?
Meeting the Standards
•
•
•
•
•
•
•
Lot size?
Yards?
Front on a public street?
Servicing Requirements?
Conditions for Type?
Other Considerations?
- Site conditions
- Adjacent uses
Doesn’t Meet Standards?
•
•
•
•
•
Is a Variance Required?
Discretionary Use Notice?
Services extended?
Modify Site Plan?
Is an Amendment Necessary?
Environmental
Considerations
Now What ?
Writing Your Report
•
•
•
•
Template
Tell the Story
Include the Facts – Just the facts
Include the Backup
Format
Introduction
• Type of proposal
• Civic Address
• Information – what’s proposed, where, size of
property, proposed use, other details
Format
Assessment
•
•
•
•
•
•
•
Municipal Plan says……
Zoning says……
Use is (not) Permitted, Discretionary ….
Public Notice required
Referrals required
Note any precedents
Conclusion
- The use meets/does not meet…….
Recommendation
• The following recommendation is made for
Council’s consideration:
Be it so resolved that the application by …..,
for ………, located at Civic Address be approved
for the following reasons:
Reasons - Approval
• The proposed use meets Plan requirements
• Meets Requirements of Regulations
• Meets Standards
• Approval in Principle with Conditions
• Approved with Conditions
• Approved with no Conditions
Refusals
Reasons - Refusals
• The proposed development does not meet
requirements of the Plan
• Does not meet use requirements of
Regulations
• Does not meet standards
• Other considerations – Public input
• Council Discretion – what were they thinking?
The Morning After:The Decision Letter
Use Letter Templates
•
•
•
•
•
•
•
•
Name
Application Number and Date
What it was for and where
Hereby approved – subject to conditions
Expiration of the permit / approval
Other required permits
Work in accordance with Development Regulations
Building codes
Decision Letter Contd.
•
•
•
•
•
For Refusals reasons must be given
- Be succinct
- Be clear
Include notice of Right to Appeal
Appeal Period
Appeal Fee
Where to send Appeal
Council Decisions
• Must be clear
• Must be consistent with Plan and
Development Regulations
• Consequences include:
- Appeal
- Purchase Notice
- Enforcement Issues
Your Questions
• What if proposal meets requirements but not
the intent of the Plan?
• What if Council approves something that is
contrary to the Plan and Regulations?
Your Questions
• How do I convince Council that the Plan is
law?
• How do I engage Council?
Administration
Questions?
Mary Bishop
CBCL Limited
187 Kenmount Road, St. John’s
T: 709-364-8623
maryb@cbcl.ca
www.cbcl.ca
Development
What is “development”?
• Defined under the Urban and Rural Planning
Act, 2000, Section 2 (g):
 the carrying out of building, engineering, mining or other
operations in, on, over or under land, or
 the making of a material change in the use, or the intensity
of use of land, buildings or premises
 Definition lists what is included as “development”,
as well as what is excluded.
Development
Examples that are NOT “development”:
•
•
•
•
•
•
New wallpaper
New shingles
Road maintenance by highway authority
Municipal sewer repair
Water main inspection
Use of internal courtyard
Key Terms & Concepts
Variance
• List of uses that shall be permitted, provided that
standards and conditions can be met.
• Numeric standards for a development may be varied
• Maximum variance is 10%
(e.g., setback)
• Council must provide written notice to immediate
property owners
Key Terms & Concepts
Non-Conforming Use
• List of uses that shall be permitted, provided that
standards and conditions can be met.
• Provisions enabled by S. 108 of URPA, as well as municipal
planning documents
• Development or use of land that legally existed prior to
plan
– Use not listed as permitted or discretionary and/or
– Building/ development does not meet standards for
zone
• Allowing continuance of non-conformities is commonly
referred to as “grandfathering”
Key Terms & Concepts
Appeals
• Appeals can be filed concerning a decision on
– An application for development
– Revocation of a permit
– Issuance of an Order (ex: stop work)
• Heard by Regional Appeal Board
• Notice period: file within 14 days
• Council must inform every applicant of their right and
process to appeal