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for Encroachment and any prior action be rescinded,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"
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