Xxxxxxxxx officer discretion Sample Clauses

Xxxxxxxxx officer discretion. Amendments to the PDA legislation in 2010 expanded the effect of the agreements to include some encroachment into approving officer discretion under the Land Title Act. These changes acknowledge the possibility that, while certain bylaw amendments may be inapplicable to the land as a result of the PDA, they may nonetheless constitute an expression of the public interest such that the approving officer may properly take account of them in determining whether the deposit of a subdivision plan might be against the public interest. This might particularly be the case where the PDA may have been entered into many years previously (up to 20 in the case of agreements with special approval from the Inspector of Municipalities). Section 905.1(10) requires the approving officer to take account of the PDA in considering the matter of public interest, and prohibits the approving officer from considering bylaw changes to which the developer has not agreed. The approving officer must also disregard any resolution that the local government may have passed for the purpose of assisting the approving officer with the question of public interest, if it deals with the same subject matter as a bylaw change that is inapplicable to the subdivision by reason of the PDA and s. 905.1(5). In municipalities, these provisions are not likely to cause difficulty to the extent that the subdivision approval function of the approving officer is usually well integrated into the local land use management regime, and an approving officer would be considering the refusal of a subdivision application that is consistent with zoning and subdivision servicing regulations specified in a PDA only where the circumstances have significantly changed since the PDA was negotiated. In regional districts however, the provincial Ministry of Transportation holds the subdivision approval function, and there may be less integration with regional district land use policy. The requirement for the approving officer to “take account” of a PDA in considering a subdivision application that the approving officer might otherwise be inclined to refuse, might be interpreted as leaving more room for discretion where there is a separate authority, not answerable to the elected body that authorized the PDA, exercising the subdivision approval power. This might particularly be the case where the public interest issue that engages the approving officer’s concern is highway access and impact on provincially maintained highway...
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