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Consolidated Newfoundland Regulation 1996
Central Development Control Regulations
Under the authority of section 63 of the Urban and Rural Planning Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.
1. Short title
3. Development prohibited
4. Application to develop
6. Factors to be considered
9. Duration of permit
10. Development only as approved
11. Failure to fulfil conditions
12. Permit card
13. Entry permitted
15. Presumed refusal
1. These regulations may be cited as the Fogo Central Development Control Regulations.
2. In these regulations
(a) "appeal board" means the appropriate regional appeal board established under section 7 of the Urban and Rural Planning Act;
(b) "authority" means the minister or another authorized administrator assigned by the minister to administer these regulations;
(c) "development" means development as defined in the Urban and Rural Planning Act;
(d) "local area plan" means the Fogo Central Local Area Plan approved by the Minister of Municipal and Provincial Affairs together with any amendments made and approved by the minister; and
(e) "local planning area" means the area defined as the Fogo Central Local Planning Area by the Minister of Municipal and Provincial Affairs.
3. A person, corporation, partnership, association or other organization shall not carry out any development in the local planning area unless a permit for the development has first been issued in writing by the authority.
Application to develop
4. An application for a permit to develop shall be made to the authority on the forms that he or she prescribes, and every applicant shall furnish with an application those plans and specifications as the authority requires.
5. The authority shall, on request, supply to every applicant a copy of the application form referred to in section 4, and a description of the plans, specifications and drawings required to be furnished with his or her application.
Factors to be considered
6. (1) The authority shall, when considering an application for a permit to develop, be guided in his or her decision by the local area plan and shall consider
(a) the topography, physical condition and natural features of the land;
(b) the use or the 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 adequacy of the method and the suitability of the land for the type of water and sewage disposal required;
(f) the adequacy and suitability of the methods proposed for the disposal of waste material; and
(g) the shape and size of each lot or parcel of land.
(2) The authority shall consult with all government departments, agencies, officials and persons considered necessary with respect to the considerations referred to in subsection (1).
7. A permit shall not be issued for development in the local planning area unless that development conforms with
(a) the policies and objectives for development as described in the local area plan; and
(b) the National Building Code of Canada and ancillary codes.
8. The authority may
(a) attach to a permit those conditions required to ensure the proposed development or use of land or building shall be made suitable for the purpose it is intended to serve; and
(b) permit development for a limited time as considered necessary.
Duration of permit
9. (1) A permit for a development is valid for a period of one year and may be renewed twice for a maximum duration of 3 years, provided construction of the development is initiated prior to expiration of the first permit year.
(2) Notwithstanding subsection (1), failure by the applicant to initiate construction prior to the expiration of the first permit year shall require reapplication to the authority.
Development only as approved
10. (1) Development shall be carried out in accordance with the plans approved by the authority and all conditions attached to them.
(2) A person shall not erase, alter or modify a drawing or specification for which a permit to develop has been issued, unless the modification has been approved by the authority.
Failure to fulfil conditions
11. The authority may, where all conditions imposed under these regulations have not been fulfilled, order the development to be discontinued and the land in respect of which the conditional or temporary permission was given to be restored to its former state.
12. (1) In approving an application to develop, the authority shall issue a permit card to a successful applicant.
(2) The permit card referred to in subsection (1) shall be displayed in a conspicuous place in or upon the development during the entire course of construction.
13. The authority, or an inspector designated by the authority, may enter upon any public or private land, and may at all reasonable times enter a building upon the land, for the purpose of making surveys or inspections or obtaining information relative to the carrying out of works applicable under these regulations.
14. Nothing in these regulations shall apply
(a) to prevent the use of any land, building or structure for any purpose prohibited by the local area plan if the land, building or structure was lawfully used for that purpose on the day these regulations came into force so long as it continues to be used for that purpose;
(b) to prevent the authority from issuing a permit for the completion of a structure or the use of land prohibited by the local area plan provided the development was lawfully commenced prior to the coming into force of these regulations and provided the development is completed within a reasonable time after commencement;
(c) to prevent the extension of any non‑conforming use by an amount not exceeding 20% of the existing floor area provided the authority is satisfied that the appropriate yard space will be maintained and that there will be no adverse effects on adjacent properties; or
(d) to prevent the rebuilding of a structure, prohibited by the local area plan, if that structure suffers damage to an extent greater than 50% of its replacement value, provided that
(i) the owner of the structure submits an application for a permit to reconstruct within one year of that damage taking place,
(ii) the reconstruction referred to in subparagraph (i) is for the same purpose as its original use at the date of the coming into force of these regulations, and
(iii) the applicant initiates construction of the building within the first year of the permit life.
15. Applications properly submitted in accordance with these regulations and which have not been determined by the authority and returned to the applicant within 3 months after their receipt by the authority shall be presumed to be refused unless an extension of time has been requested by the authority and agreed upon in writing by the applicant.
16. (1) The appropriate appeal board shall determine an appeal from the decision of the authority with respect to the application of these regulations.
(2) A person intending to appeal to an appeal board shall deposit with the secretary of the board, within 30 days after the date of the decision of the authority, a notice of appeal indicating the grounds of the appeal and stating the name and address of the appellant and including 3 copies of a plan of the land or buildings concerned.
(3) The appeal board shall notify the appellant and the authority of the time and place for the hearing of the appeal.
(4) The decision of the appeal board shall be communicated, in writing, to the appellant and the authority.
(5) The decision referred to in subsection (4) is final and binding upon all parties, subject only to appeal to the Court of Appeal under section 122 of the Urban and Rural Planning Act.
17. The Fogo Central Development Control Regulations, 1979, Newfoundland Regulation 122/79, are repealed.
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