Local Government Act
Bulletin No.: G.5.0.0Date: October 2000
Development and Temporary Use Permit Areas
The new provisions, which become effective January 1, 2001, reflect the
Municipal Act Reform principles of broad powers, flexibility, local
government accountability. Specifically, the legislation provides:
- broader local
government authority by enabling the designation of development
permit areas to establish objectives for the form and character of
intensive residential development.
- flexibility is
enhanced by allowing the following to be included in either an
official community plan (OCP) or a zoning bylaw:
- guidelines for addressing development permit
- conditions where a development permit is not
required within a development permit area; and,
- designation of temporary commercial and
industrial use permit areas.
- accountability is
maintained by requiring the OCP to continue to establish the
justification for and designation of development permit areas.
- The authority to
designate development permit areas has been moved from section 879
to 919.1 and has been expanded to enable the designation of areas
establishing objectives for the form and character of intensive
residential development. Prior to these changes the only development
permit authority for residential uses was for multi-family
residential development. To fulfill the need to house an increase of
population in many areas of the province there has been increasing
need for higher density residential development. This new power will
enable innovative solutions for intensive residential development
while achieving standards considered appropriate by the local
government and the community.
- Section 919.1(3) enables
local governments to specify the guidelines for development permits
in either an OCP or a zoning bylaw. This gives local government the
ability to place these provisions in the document it considers most
appropriate for its area.
- Section 919.1(4) enables
the local governments to specify the conditions where a development
permit would not be required in either the OCP or the zoning bylaw.
- Section 920.2 enables
local governments to designate temporary commercial and industrial
use permit areas and specify general conditions regarding their
issue, in either an OCP or a zoning bylaw.
- Division 2 (Sections 875
to 884) sets out the purpose and effect of an OCP, along with
procedural requirements related to the bylaws.
- Section 903 provides
authority for zoning bylaws.
- Section 920.01 provides
authority for designation of development approval information areas
or circumstances (formerly section 879.1).
- Section 970.1 provides
authority for designation of heritage conservation areas (formerly
- This increase in scope of
development permits provides local government with authority to set
objectives for the form and character of intensive residential
development that will assist in alleviating neighbourhood concerns
that such developments will not "fit in", thereby assisting in
encouraging greater community acceptance of such developments. The
ability to address form and character of intensive residential
development also enables local governments to work with designers
and developers to achieve housing that is not restricted by
traditional prescriptive methods of design control.
- "Intensive residential
development" is not defined in the legislation. A statutory
definition is intentionally absent in order to allow individual
local governments to define the term according to community
objectives. Some examples of what was intended to be considered as
part of this designation are infill housing and small lot
development, but obviously "small lot" in one community may mean
something quite different than in another. Local governments will
want to take particular care in defining the term so that its
meaning is clear to all affected parties (i.e., developers,
designers and the public) in their community. In addition, some
consistency with neighbouring jurisdictions may be desirable in
order to provide some certainty for those persons supplying housing
in a number of municipalities.
- The ability to include
guidelines for development permit areas in either an OCP or a zoning
bylaw will provide local government with the flexibility to choose
which bylaw is the most appropriate to establish the guidelines.
Inclusion in the OCP ensures that all relevant policies for
development permits are in one place. However in practice this means
the OCP could contain material that is more regulatory than policy
There are no transitional provisions relating to these amendments.
Local Government Act References:
Primary Sections: 919.1 (1); 920.2
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