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
