Development Permit Areas and Development Information

Development permits (DPs) are one of the strongest legal tools for the protection of urban riparian habitat.  Under the Local Government Act a local government may designate a development permit area (DPA) in which approval will be required before a private land owner may:

·                      subdivide;

·                      alter land; or

·                      construct or alter a building.

In addition to general zoning requirements, DPs allow local governments to tailor developments to specific site conditions.  However, as with many tools under the Local Government Act, Local Governments are not required to designate DPAs or to use them to protect riparian habitat. 

Designating DPAs

Municipalities may designate DPAs in an official community plan (OCP) or zoning bylaw for a range of purposes, including:

·          protection of the natural environment, its ecosystems and biological diversity – DPAs of this type are frequently used to protect riparian habitat and other environmentally sensitive areas from inappropriate development.

·          protection of development from hazardous conditions – DPAs can be used to prevent development on steep slopes or unstable terrain, as well as preventing other safety precautions.

·          protection of farming.

·          Encouraging intensive residential development or multi-family residential development – One way to fulfill the housing needs of an increasing population is higher density residential development.  DPAs can enable innovative solutions for intensive residential development while achieving standards considered appropriate by the local government and the community.

When a DPA is designated, the municipality must describe the special site conditions or objectives that justify the designation, and specify guidelines to achieve those objectives.  When an owner applies to the local government for a Development Permit to alter the site, the guidelines in the OCP will direct what conditions, if any, are place on the development.

DPs that are designated to protect the natural environment may do one or more of the following:

·          specify areas of land that must remain free of development, except in accordance with any conditions contained in the permit;

·          require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit;

·          require natural water courses to be dedicated;

·          require works to be constructed to preserve, protect, restore or enhance natural water courses or other specified natural features of the environment;

·          require protection measures, including that vegetation or trees be planted or retained in order to protect, restore or enhance riparian areas, control drainage or control erosion. 

DPAs can be effectively used where the local government has a record of environmentally sensitive areas in the Official Community Plan and has decided to protect these through DPAs. 

Development Permit Guidelines

A Development Permit Area will set out both the purpose for which the DPA was created, and guidelines to ensure that any Development Permit issued meets that purpose.  Development Permit Areas will be most enforceable when the DPA sets out clear and precise standards as guidelines; all too often DPAs include only general statements of intent. 

A municipality may only impose conditions on development that relate to the purposes for which the DPA was created, and in accordance with the guidelines. For instance, if a DPA is created to protect fish habitat, municipalities cannot impose setbacks purely for some other purpose like protecting forests.  However, a setback will be upheld if it is intended to protect forests for the purpose of protecting fish habitat.  DPAs cannot be used to regulate logging on private land.

 

The provincial Streamside Protection Regulation requires local governments to protect streamside enhancement and protection areas, through the use of setbacks, when exercising powers in respect to residential, commercial and industrial development.  Some local governments designate these areas as development permit areas.

Development Approval Information

Councils may create Development Information Areas in which development may not proceed until information about impacts to the natural environment where a development information area or other circumstances has been provided.  This additional information can be required where the activity involves a rezoning, Development Permit or temporary commercial or industrial use permit.

In order to use this power, a local government must, by bylaw, establish procedures and policies on the process for requiring development approval information and the substance of the information that may be required.  Once the bylaw is adopted, the local government or employee may require the applicant to provide development approval information at the applicant's expense.

Related Guide Pages:

·          Local Government Act

·          Official Community Plans

 

For further information about development permits:

·          West Coast Environmental Law’s The Smart Growth Guide to Local Government Law and Advocacy (2001).

·          James Taylor Chair in Landscapes and Livable Environments, UBC. 2002. Site Design Manual.

·          “Development and Temporary Use Permit Areas” – A Ministry of Community, Aboriginal and Women’s Services, Using the Local Government Act Bulletin: (October 2000).

·          “Development Permits” from the Successful Communities Forum’s Citizen’s Guide to Development Planning.

·          Adams, M. Shoreline Structures Environmental Design: A Guide for Structures along Estuaries and Large Rivers (2002).