class 4: entitlements Flashcards
Six Property Rights in Common Law in Canada
- Right of possession
- Right to exclude others
- Right of disposition
- Right of using
- Right of enjoying the fruits and profits of land
- Right of destroying or injuring property
the purest form of real right in the Quebec the Code Civile du Québec
ownership
The three attributes of ownership
The right to use
The right to enjoy the fruits
The right to dispose
The primary legislative power to constrain property rights is within provincial jurisdiction and include Acts that…
Empower municipalities to govern
Empower municipalities to determine land uses within their boundaries
Establish the process for registering ownership and charges
Establish the nature of rights and obligations of commercial and residential tenancies
Establish the process for determining local property taxation
entitlements
The rights to use and to develop property
include approvals, granted by all levels of government necessary for the development of the project
Entitlement components
Land use
Environmental concerns
Design Issues
Zoning
Conditions of approval
Other regulations
Planning
technical and political process concerned with:
The welfare of the people
Control and use of land
Design of the urban environment
Management of growth through development
Transportation
Communication
Protection and enhancement of the natural environment
Planning deals with which societal issues
What type of urban environment do we want to live, work and play in?
How do we encourage social integration and interaction?
What should we do to preserve the natural environment?
How should we best enable the movement of people and goods?
What are the best solutions to poverty and human disability in our community?
How do we structure government services to best serve society?
There are two primary components of planning oversight in Canada
Professional planners
Elected representatives
Professional planners
Plan and organize development and infrastructure using sound planning principles
The Canadian Institute of Planners oversees the planning profession in Canada
Elected representatives of the planning oversight in Canada
Represent the wishes of their constituents
–> Desire for re-election
Reinforces the need for community acceptance of a project
the importance of the Official Plan (also called Master plan, Comprehensive Plan, General Plan, Strategic Plan, Integrated Plan) at the municipal level
Provincial legislation contains the requirement for an Official Plan
Zoning bylaws and infrastructure plans are aligned with the official plan
Changes to the plan often involve public consultation
–> Can be a source of opposition to development
Zoning Bylaws
used to put the Official Plan into effect
what d zoning bylaws determine?
Land use
Building locations
Building types
Permitted uses
Lot sizes
Parking requirements
Heights
Setbacks
Etc.
Zoning Amendments
Property owners can petition for a zoning amendment to change a zoning bylaw
For example, a site may have been zoned for single-family detached houses, but the property owner wants to demolish the houses and build an apartment building
Determined by the planning authority, keeping in mind their guiding principles and official plan
Development Approval Process
Stage 1: Inquiry
Stage 2: Pre-application
Stage 3: Application Submission
Stage 4: Application Review
Stage 5: Public Consultation
Stage 6: Report to Council
Stage 7: Development Approval
Stage 8: Site Plan Submission and Approval
Stage 9: Building Permit Submission and Approval
Stage 1: Inquiry
Study the Property and neighbourhood
Verify Existing Zoning
Consult Official Plan
Stage 2: Pre-application
Meet with planning staff
Meet with local councilor
Present preliminary concept
Identify potential areas of friction
Gauge acceptability
Make adjustment
Stage 3: Application Submission
Formal submission of project and zoning amendment request
Application includes details of property and structure
Proposal should explain alignment of project with municipal planning
Stage 4: Application Review
Application circulated to relevant departments and outside agencies
Developer may be requested to provide additional information
Developer should try to obtain feedback throughout the review process
Stage 5: Public Consultation
Notice of re-zoning posted at site and circulated
Public consultation meetings with developer and municipal planners present
Stage 6: Report to Council
Adjustment to proposal if required before final report issued to council
Report with comment from city departments, outside agencies and public
Recommendation on approval
Stage 7: Development Approval
Municipal council vote on application
Can be approved with conditions
Stage 8: Site Plan Submission and Approval
More detailed set of plans submitted for municipal review
More technical in nature with no public input
Stage 9: Building Permit Submission and Approval
Building permit issued by municipality
Development Charges and Levies
Municipalities will often levy charges for development
Development Charges for additional infrastructure
Parks Levies
Density Bonusing
why is a project often frowned by public?
a new project will alter the visual landscape
it will bring new people into the community
It will increase traffic
daily habits will be affected
Change is often opposed by communities because it threatens to disrupt daily life
the dangers of rapid change due to development
When change occurs rapidly, a gap may emerge between the interests of community and the interests of the developer
–> This will increase entitlement risk as the community will attempt to influence the municipal decisions
Public Outreach
the process of engaging with the local community, listening and responding to its concerns in order to build support for the project
The primary responsibility of the project representative
is to listen, understand the possible impact of her proposal and take specific actions
The goal of the outreach program is to
build support for the project.
identify supporters
neutralize potential opposition.
The message should allay fears about the impact of the project on the community and communicate its potential benefits
Information Gathering in Public Outreach
There are many ways to gather information about the political climate and community attitudes toward a proposed project:
–> Surveys
–> Informational meetings
–> Charrettes
Disseminating Information in Public Outreach
It is important that the proposed project is accurately portrayed to the community
Direct communication from the developer prevents the public from learning of the development from secondhand sources that often spawn rumors and misinformation
