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HomeMy WebLinkAboutWD-139-80 TOWN OF NF_WCASTLE PUBLIC WOWS S DEPARDENT Director's I:eport to Public Works Committee, September 30, 1980, ITEM: WD-139-80. DATE: September 29, 1980. SUBJECT: Policy for Encroachment. BACKGROUND: The subject matter was considered by the Public Works Committee and Report WD-101-80 was recommended, subject to comments of the Town's legal advisor. REPORT: Attached herewith are comments received from our Solicitor; concern is indicated regarding granting an encroachment on a public road for the life of a building Fund the opinion is ex- pressed that such an encroachment should only be for as long as the property is not required for municipal purposes. I RECOMMEMA T"ION: Whereas we concur with the Solicitor regarding an Encroachment Policy, therefore the following shall be adopted as the Policy for Encroachment and any prior action be rescinded, "THAT permission for an encroachment be granted on a year-to-year basis for as long as the land in question is not req- uired for Municipal purposes or public use; should the latter occurrence take place, a six-month period of notice shall be given. i I McInerney & Brady Dj.D. SIMS. Q.c. R.P. MORI IARRISTERS & SOLICITORS M.C. McINFRNE), j.F. BRADY W.M. BURCH September 25 , 1980 R EC V E­ D Mr. Joseph McIlroy, A.M.C .T. , Town Clerk, SEP 29 1986 Corporation of the Town of Newcastle, 40 Temperance Street, 101;. Bowmanville, Ontario. TOWN Ow -WCASTLE Dear Mr. McIlroy: Re: Policy for Encroachment Thank you for your letter of September 11th, 1980 . 1 have reviewed the policy for encroach- ment and I have some concerns with the form of the policy that has been adopted. First, I believe that each encroachment must be assessed on its own merits. No two situations will be idQntical and I do not believe that a single policy can be of universal application. I am also concerned that Council would permit an encroachment on a public road continue for the life of the building. Municipal purposes may change from time to time and dictate that the encroachment should terminate. Accordingly, I believe that if a licence is to be given to a property owner to continue the encroachment it should only be so long as the property is not required for Municipal purposes. I am concerned that if the present ' policy is adopted and enacted on the property owner may acquire a right to continue the encroachment that is higher than he would presently be entitled to under the law. I am sure that that is not the intent of Council. If you or Council have any questions please do not hesitate to contact me. You'r truly, David J. D. Sims , Q. C. DJDS:mrs P. c. Mr. Guiler;, Mr. Dunham" 117 KING STREET, WHITBY, ONTARIO LIN 4ZI BOX: 358 TELEPHONE: 668-7704