The Zoning Game - Alberta Style - Part II: Development Control
AbstractAdding to his study of land use planning in Alberta begun in The Zoning Game—Alberta Style, (1971) Alta. L. Rev. 268, the author now examines the alternative to zoning—that of development control as exemplified by the English Town and Country Planning Act of 1947. The features of Euclidean zoning and development control are compared and contrasted prior to his undertaking an analysis of the hybrid system as adopted in Alberta, system which incorporates elements of both. In the author's opinion, this hybrid combines the best features of zoning and development control while retain ing the maximum flexibility for both the planner and the developer. The author examines the Planning Act provisions which govern the system of de velopment control in use in Alberta today with a view to clarifying in consistencies, possible misinterpretations and existing misinterpretations of these provisions by both the courts and the administrators charged with their implementation. In the course of this examination, the author outlines the characteristics of typical development control by-law; the develop ment control administrative structure, including the use of the land use classi fication guide, the amendment of same, and appeal procedures available there under; and the methods of judicial review available to party adversely af fected by the decision of any segment of this administrative structure. Spe cial reference is made to the development control by-laws of several muni cipalities in Alberta and to relevant authorities on development control and land use.
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