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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1024/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1024/96

Interim Development Regulations
under the
Urban and Rural Planning Act
(O.C. 96‑576)

Under the authority of subsection 12(1) of the Urban and Rural Planning Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Application

        4.   Development prohibited

        5.   Applications for development

        6.   Conditions for development

        7.   Permits

        8.   Expiry or cancellation of permit

        9.   Inspections

      10.   Appeals

      11.   Repeal

Schedule


Short title

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

Definition

        2. In these regulations, "area" means an area defined as a municipal planning area under section 11 of the Act.

Application

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

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 authorized council.

Applications for development

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

             (a)  shall be submitted to the authorized council;

             (b)  shall include plans and specifications which may be required by the authorized council;

             (c)  may be granted by the authorized council;

             (d)  may be granted, subject to conditions imposed by the authorized council; and

             (e)  may be rejected by the authorized council.

             (2)  An authorized council, when considering an application for a permit to carry out a development, shall not approve an application for the development of land within an area unless the proposed development conforms with

             (a)  standards set out in these regulations; and

             (b)  an outline plan of the area referred to an authorized council by the Director of Urban and Rural Planning.

             (3)  In considering an application, the authorized council 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), these regulations shall not

             (a)  prevent the use of land, building or structure for a purpose prohibited by these regulations or the application of zoning standards if that land, building or structure was lawfully used for that purpose on the day the area was defined under section 11 of the Act, so long as it continues to be used for that purpose;

             (b)  prevent the completion of a structure or the use of land prohibited by these regulations 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 these regulations;

             (c)  prevent the rebuilding of a structure prohibited by the regulations, if that structure suffers damage to an extent greater 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 within the first year of the permit life; or

             (d)  prevent the extension of a non‑conforming use by an amount not exceeding 50% of the existing floor area provided the authorized council is satisfied that appropriate yard space will be maintained and that there will be no adverse effect on adjoining properties.

             (5)  Applications properly submitted in accordance with the regulations which have not been determined by the authorized council and returned to the applicant within 8 weeks after receipt by the authorized council shall be considered to be refused unless an extension of time has been requested by the authorized council and agreed upon in writing by the applicant.

Conditions for development

        6. (1) An authorized council may impose conditions on a permit issued under paragraph 5(1)(d) in the interest of the proper development of an area or a specific locality within an area.

(2) An authorized council shall state on the permit issued to the applicant, the reasons for the imposition of conditions under subsection (1).

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

             (4)  An authorized council may cancel a permit for failure by the holder to comply with these regulations or conditions prescribed under subsection (1).

Permits

        7. (1) A temporary permit for the use of land may be issued by an authorized council for a period not exceeding 2 years and may be renewed by the authorized council upon a new application.

             (2)  A temporary permit issued under subsection (1) may be renewed by the authorized council which issued the temporary permit, where the applicant files a new application.

             (3)  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.

             (4)  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.

             (5)  A person whose permit is not renewed in accordance with subsection (4) may make a new application to the authorized council for a permit for development.

Expiry or cancellation of permit

        8. Where a permit to develop is cancelled or expires, the authorized council 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 authorized council and shall restore the site to its former condition to the satisfaction of the authorized council.

Inspections

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

Appeals

     10. (1) A decision, action, finding or order of an authorized council under these regulations may be appealed to the appeal board which has jurisdiction over an area.

             (2)  A notice of appeal shall be served on an authorized council within 30 days of the decision, action, finding or order appealed.

             (3)  A notice of appeal served under subsection (2)

             (a)  shall state the grounds of appeal;

             (b)  shall state the name and address of the appellant; and

             (c)  shall include 3 copies of the plan of the land or buildings involved in the dispute.

             (4)  An appeal board shall notify the appellant and the authorized council of the time and place of the hearing of the appeal.

             (5)  An appeal board shall provide the appellant and the authorized council with a written decision of an appeal made under subsection (1).

             (6)  A decision of the appeal board in respect of an appeal made under subsection (1) may be appealed to the Court of Appeal in accordance with section 122 of the Act.

Repeal

      11. The following regulations are repealed:

             (a)  the Badgers Quay ‑ ValleyfieldPools Island ‑ Wesleyville ‑ Newtown Municipal Planning Area Interim Development Regulations, 1992, Newfoundland Regulation 163/92;

             (b)  the Bide Arm Municipal Planning Area Interim Development Regulations, 1988, Newfoundland Regulation 196/88;

             (c)  the Cape Broyle Municipal Planning Area Interim Development Regulations, 1990, Newfoundland Regulation 240/90;

             (d)  the Charlottetown Municipal Planning Area Interim Development Regulations, 1992, Newfoundland Regulation 104/92;

             (e)  the Conception Harbour Municipal Planning Area Interim Development Regulations, 1992, Newfoundland Regulation 96/92;

              (f)  the Cupids Municipal Planning Area Interim Development Regulations, 1982, Newfoundland Regulation 225/82;

             (g)  the Ferryland Municipal Planning Area Interim Development Regulations, 1995, Newfoundland Regulation 33/95;

             (h)  the Harbour Grace Municipal Planning Area Interim Development Regulations, 1994, Newfoundland Regulation 20/94;

              (i)  the Jackson's Arm Municipal Planning Area Interim Development Regulations, 1985, Newfoundland Regulation 268/85;

              (j)  the Ming's Bight Municipal Planning Area Interim Development Regulations, 1992, Newfoundland Regulation 54/92;

            (k)  the Mount Carmel ‑ Mitchell's Brook ‑ St. Catherines Municipal Planning Area Interim Development Regulations, 1993, Newfoundland Regulation 52/93;

              (l)  the North River Municipal Planning Area Interim Development Regulations, 1994, Newfoundland Regulation 120/94;

            (m)  the Pacquet Municipal Planning Area Interim Development Regulations, 1989, Newfoundland Regulation 171/89;

             (n)  the Pinware Municipal Planning Area Interim Development Regulations, 1980, Newfoundland Regulation 168/80;

             (o)  the Placentia Municipal Planning Area Interim Development Regulations, 1994, Newfoundland Regulation 22/94;

             (p)  the Port Hope Simpson Municipal Planning Area Interim Development Regulations, 1981, Newfoundland Regulation 46/81;

             (q)  the Postville Municipal Planning Area Interim Development Regulations, 1984, Newfoundland Regulation 236/84;

             (r)  the Ramea Municipal Planning Area Interim Development Regulations, 1991, Newfoundland Regulation 179/91;

             (s)  the Renews ‑ Cappahayden Municipal Planning Area Interim Development Regulations, 1993, Newfoundland Regulation 54/93;

              (t)  the St. Lewis Municipal Planning Area Interim Development Regulations, 1982, Newfoundland Regulation 308/82;

             (u)  the Summerford Municipal Planning Area Interim Development Regulations, 1992, Newfoundland Regulation 136/92;

             (v)  the Traytown Municipal Planning Area Interim Development Regulations, 1995, Newfoundland Regulation 24/95; and

            (w)  the Winterton Municipal Planning Area Interim Development Regulations, 1994, Newfoundland Regulation 85/94.


Schedule

Badgers Quay ‑ ValleyfieldPools Island ‑ Wesleyville ‑ Newtown Municipal Planning Area

Bide Arm Municipal Planning Area

Cape Broyle Municipal Planning Area

Charlottetown Municipal Planning Area

Conception Harbour Municipal Planning Area

Cupids Municipal Planning Area

Ferryland Municipal Planning Area

Fogo Island Region Municipal Planning Area

Harbour Grace Municipal Planning Area

Jackson's Arm Municipal Planning Area

Ming's Bight Municipal Planning Area

Mount Carmel ‑ Mitchell's Brook ‑ St. Catherines Municipal Planning Area

North River Municipal Planning Area

Pacquet Municipal Planning Area

Pinware Municipal Planning Area

Placentia Municipal Planning Area

Port Rexton Municipal Planning Area

Postville Municipal Planning Area

Ramea Municipal Planning Area

Renews ‑ Cappahayden Municipal Planning Area

St. Lewis Municipal Planning Area

Summerford Municipal Planning Area

Traytown Municipal Planning Area

Winterton Municipal Planning Area