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PLAN 343 (21)

geog 343 january 22.pdf

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PLAN 343
Maria Lynn Freeland

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PDA5.121(1), (2) No personshall submit to the land registry any subdividing instrument or apply to the Registrar of Titles to registera Geog, 3433: transfer of title or to obtain title to anew parcel of land if registration of the application would subdivide or have thei Legal Issues in Planning effect of subdividing land unless the appropriate approving authority hasapproved the subdivision or subdividing instrument. ubdjvisfon Control v "Subdividing instrument" (subsection 120(l)(f)) meansany interest that isless than title ...that...(i) affects orencumbers only part of a parcel; (ii) creates...any...interest...inonly part of a parcel; or (iii) otherwise hasthe effect of subdividing land. 2 . PDAs. 121(3) PDAs. 121(4) > Prohibition of applying to the registrar without Any person who effects the transfer of title to land without obtaining a certificate of approval certificate of subdivision approval extends to pursuant to this Part isdeemed to haveacquired applying for dischargesof interests asto only that title by participating or colluding in fraud pursuant to clause 15(l)(a) of TheLand Titles Act, part of the parcel of land for which the interest 2000. was registered (e.g. lease, mortgage, or agreement for sale). >Subsection 15(l)(a) of TheLandTitles Act, provides that title isnot conclusive proof of ownership when the registeredowner hasacquiredthe title byfraud. \- t -\\tU-- \4vv L.cxrdc-U o a mcv^ Exemptions from Approval ApprovingAuthorities o The Act allows for a number of specific TheDirector of Community Planning isapprovirfg a,thority for, exemptions; of interest to usare mainly all RM's, villages, towns, andthe cities of Humboldt, Melfort and Melville (other cities^yere approvmg authorijiesj^ subsections 122(l)(b) (condominiums) and - minister may, byorder, declare acounc:l an N 122(l)(d) (certain leases). approving authority; to be eligible to be declaredan approving authority council must employ or retain a professional j community planner. ^ \rLi-OVO V D ,T! i.A^i'C > Sectionl26: approvingauthorities mayregulatesubdivisionby inconsistentwith the Act or the regulations.t / v\ A -to t CUC\SxCv tO C cA/Y4^~ Criteria for Approval: PDAss.128-29 Criteria for Approval: PDAss.128-29 141(1) If an application for subdivision approval 128(1) No approvingauthority shall approvean complies with the provisions of this Act and application for subdivisionapprovalunless: — ^e regulations, the approving authority shall (a) the land that is proposed to besubdivided is, issue a certificate of approval. inthe opinion of the approving authority, suitable for the purpose for which the H3 Thissounds like an applicant might havea subdivision is intended; "right" to subdivide, just asan applicant might have an enforceable right to a development (b) the proposed subdivisionconforms to-the permit (sees. 62(2)of the Act). However, provisions of anyofficial community plan or [and- C.A.inMarathon Realty] zoningbylaw there is never a "right" to a subdivision, that affects the land proposed to be because... subdivided; s. 128(l)(a) "suitable for the purposefor which Other Provisions of Interest » v\ CVU, ( »oi the subdivisionis intended" {t\ Developmentstandards on hazardous lands (s. 130).
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