Acts and Regulations

2017, c.19 - Community Planning Act

Section 20
Disposition versions

Full text
Effect of regional land use plan
2021, c.44, s.1
20A regional land use plan prevails in the case of an inconsistency between it and a municipal plan or rural plan or a by-law or regulation under this Act, except for a regulation respecting land use and development policies under paragraph 125(1)(j) or a regulation establishing a statement of public interest.
2021, c.44, s.1
Regional development
20(1)If a regional plan is in force, a regional development in the area shall not be undertaken unless it is approved as conforming to standards described for the area in the plan.
20(2)An approval under subsection (1) may be given
(a) by the planning director as defined in the Regional Service Delivery Act, in the case of a regional development on land in a region,
(b) by the planning director or planning officer, if one has been appointed, in the case of a regional development in an area that is on land in a local government that is providing its own land use planning service, or
(c) by the Director, if paragraphs (a) and (b) do not apply.
20(3)If an application is made for an approval referred to in paragraph (2)(a), the planning director as defined in the Regional Service Delivery Act shall forward notice of his or her response as soon as circumstances permit to
(a) the council, if the land involved is in a local government, or
(b) the Director, if the land involved is in a local service district.
20(4)In approving a regional development under this section, the approving officer may make the approval subject to any terms and conditions he or she considers necessary to ensure consistency with the regional plan.
20(5)If a regional development is approved under this section and no appeal is made under section 120 within the time limit prescribed for the appeal, the development is deemed to be consistent with the regional plan.
20(6)If, in respect of a regional development, there is an inconsistency between a regional plan, municipal plan, rural plan or a by-law or regulation under this Act, except a regulation respecting land use and development policies under paragraph 125(1)(j) or a regulation establishing a statement of provincial interest, the regional plan prevails.
Regional development
20(1)If a regional plan is in force, a regional development in the area shall not be undertaken unless it is approved as conforming to standards described for the area in the plan.
20(2)An approval under subsection (1) may be given
(a) by the planning director as defined in the Regional Service Delivery Act, in the case of a regional development on land in a region,
(b) by the planning director or planning officer, if one has been appointed, in the case of a regional development in an area that is on land in a local government that is providing its own land use planning service, or
(c) by the Director, if paragraphs (a) and (b) do not apply.
20(3)If an application is made for an approval referred to in paragraph (2)(a), the planning director as defined in the Regional Service Delivery Act shall forward notice of his or her response as soon as circumstances permit to
(a) the council, if the land involved is in a local government, or
(b) the Director, if the land involved is in a local service district.
20(4)In approving a regional development under this section, the approving officer may make the approval subject to any terms and conditions he or she considers necessary to ensure consistency with the regional plan.
20(5)If a regional development is approved under this section and no appeal is made under section 120 within the time limit prescribed for the appeal, the development is deemed to be consistent with the regional plan.
20(6)If, in respect of a regional development, there is an inconsistency between a regional plan, municipal plan, rural plan or a by-law or regulation under this Act, except a regulation respecting land use and development policies under paragraph 125(1)(j) or a regulation establishing a statement of provincial interest, the regional plan prevails.