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NEWFOUNDLAND AND LABRADOR
REGULATION 137/03

Interim Development Regulations, 2003
under the
Urban and Rural Planning Act, 2000

Amended:


23/04
85/04
8/06
54/06
108/07
8/09
35/09
53/09
4/10
13/10
26/10
33/10
2/12
3/13
15/13
22/13
49/13
52/13
22/14
31/14
76/14
93/14
100/14
9/15
30/15
65/15
19/16
20/16
65/16
67/16
76/16
8/17
20/17
46/17
68/17
87/17

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NEWFOUNDLAND AND LABRADOR
REGULATION 137/03

Interim Development Regulations, 2003
under the
Urban and Rural Planning Act, 2000

(Filed December 11, 2003 )

Under the authority of section 34 of the Urban and Rural Planning Act, 2000 , I make the following regulations.

Dated at St. John’s , December 9, 2003.

Jack Byrne
Minister of Municipal and Provincial Affairs

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Interim Development Regulations, 2003.

137/03 s1

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Definition

        2. In these regulations

             (a)  "Act" means the Urban and Rural Planning Act, 2000 ; and

             (b)  "area" means a municipal planning area designated under section 11 of the Act.

137/03 s2

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Application

        3. These regulations shall apply to areas listed in the Schedule attached to these regulations.

137/03 s3

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Development prohibited

        4. A development shall not be carried out by a person, corporation, partnership, association or other organization in an area unless a permit for the development has first been issued by the council or regional authority for that area.

137/03 s4

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Applications for development

        5. (1) An application for a permit to carry out development in an area

             (a)  shall be submitted to the council or regional authority for the area; and

             (b)  shall include plans and specifications that may be required by the council or regional authority.

             (2)  A council or regional authority, when considering an application for a permit to carry out a development, shall not issue a permit for the development of land within an area unless the proposed development conforms with

             (a)  criteria set out in these regulations; and

             (b)  where applicable, a plan for the area referred to the council or regional authority by the Director of Urban and Rural Planning for the department.

             (3)  In considering an application for a permit, the council or regional authority shall take into account the effect of the development on the overall development of the area and shall consider

             (a)  the topography, physical condition and natural features of the land;

             (b)  the use or proposed use of the land and the use of the land in the immediate vicinity;

             (c)  the number, location, safety and convenience of accesses;

             (d)  the design, location and construction of the proposed development;

             (e)  the amenity of the surroundings and general appearance;

             (f)  the adequacy of the method and suitability of the land for the type of water and sewage disposal required;

             (g)  the adequacy and suitability of the methods proposed for the disposal of waste material;

             (h)  the shape and size of each lot or parcel of land;

              (i)  its compliance with the National Building Code of Canada and ancillary codes; and

              (j)  whether or not the development is contained within limits of established community development.

             (4)  Notwithstanding subsections (1), (2), and (3) and subject to section 108 of the Act, these regulations shall not

             (a)  prevent the completion of a structure or the use of land prohibited by a plan authorized under the Act where that development was lawfully commenced before the area was defined under section 11 of the Act, and where that development is completed within a reasonable time after the coming into force of that plan;

             (b)  prevent the rebuilding or repair of a building or development prohibited by a plan or a plan referred to a council or regional authority by the department if the building or development suffers damage to an extent less than 50% of its replacement value provided the owner of the structure within one year of the damage taking place, submits an application for a permit to reconstruct for the same purpose as its original use at the date the area was defined under section 11 of the Act and initiates construction of the building not later than one year after receiving that permit; or

             (c)  prevent the extension of a non-conforming use by an amount not exceeding 50% of the existing floor area provided the council or regional authority is satisfied that appropriate setback will be maintained and that there will be no adverse effect on adjoining properties.

             (5)  An application for a permit that is properly submitted in accordance with the regulations that has not been determined by the council or regional authority within 8 weeks after receipt by the council or regional authority shall be considered to be refused unless an extension of time has been requested by the council or regional authority and agreed upon in writing by the applicant for the permit.

             (6)  A council or regional authority may

             (a)  grant a permit, subject to terms and conditions;

             (b)  grant a permit, without terms and conditions; or

             (c)  reject an application for a permit,

to carry out development made under this section.

             (7)  Where a permit is rejected or granted under subsection (6), the council or regional authority shall inform the applicant, in writing and with reasons, for the rejection or terms and conditions of that permit.

             (8)  A council or regional authority shall, where it decides to reject a permit or to impose terms and conditions under subsection (6), inform the applicant of his or her right to appeal that decision.

137/03 s5

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Conditions for development

        6. (1) A council or regional authority may impose conditions on a permit issued under section 5 in the interest of the proper development of an area or a specific locality within an area.

             (2)  Developments shall be carried out in accordance with conditions prescribed under subsection (1).

             (3)  A council or regional authority may cancel a permit for failure by the holder to comply with these regulations or conditions imposed under the permit.

137/03 s6

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Permit validity

        7. (1) A permit for a development is valid for a period of one year and may be renewed twice to a maximum duration of 3 years.

             (2)  A permit for development shall not be renewed where construction of the development is not initiated within one year of the issuance of the permit.

             (3)  A person whose permit is not renewed in accordance with subsection (2) may make a new application to the council or regional authority for a permit for development.

             (4)  A permit for the temporary use of land may be issued by a council or regional authority for a period not exceeding 2 years and may be renewed by the council or regional authority where a new application is made.

137/03 s7

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Expiry or cancellation of permit

        8. (1) A permit may be cancelled by a council or regional authority where

             (a)  development has commenced or is carried out that is contrary to terms and conditions imposed under a permit; and

             (b)  a development permit was issued in error.

             (2)  Where a permit to develop is cancelled or expires, the council or regional authority may order the developer or owner to

             (a)  remove all buildings or erections above ground;

             (b)  cover or fill all wells or excavations;

             (c)  landscape or do other things which may be necessary to prevent erosion; and

             (d)  remove all accesses,

and the developer or owner shall carry out the order of the council or regional authority and shall restore the site to its original state to the satisfaction of the council or regional authority.

137/03 s8

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Inspections

        9. An inspector or other person authorized by a council or regional authority may enter public or private property at a reasonable time for the purpose of making surveys, inspections or obtaining information under these regulations.

137/03 s9

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Appeals

      10. A decision, action, finding or order of a council or regional authority under these regulations may, in accordance with Part VI of the Act, be appealed to the appeal board which has jurisdiction over the area to which the decision, action, finding or order applies.

137/03 s10

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Repeal

      11. The Interim Development Regulations , Consolidated Newfoundland and Labrador Regulation 1024/96 and Newfoundland and Labrador Regulations 18/98, 64/98, 58/00 and 7/01, are repealed.

137/03 s11

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Schedule

Campbellton Municipal Planning Area

Cox's Cove Municipal Planning Area

Fermeuse Municipal Planning Area

Flowers Cove Municipal Planning Area

Gillams Municipal Planning Area

Happy Adventure Municipal Planning Area

Harbour Main-Chapel's Cove-Lakeview Municipal Planning Area

Indian Bay Municipal Planning Area

Lawn Municipal Planning Area

Meadows Municipal Planning Area

New-Wes-Valley Municipal Planning Area

Portugal Cove South Municipal Planning Area

Roddickton-Bide Arm Municipal Planning Area Schedule B

Salvage Municipal Planning Area

St. Jacques-Coombs Cove Municipal Planning Area - area added by St. Jacques-Coombs Cove Municipal Planning Area (Amendment) , NLR 5/17, only

Trinity Bay North Municipal Planning Area

York Harbour Municipal Planning Area

76/16 s1; 8/17 s1; 20/17 s1; 46/17 s1; 68/17 s1

87/17 s1