HomeMy WebLinkAboutPD-57-89DN: G/FL I N
TOWN OF NEWCASTLE
General Purpose and Administration Committee
Monday, March 6, 1989
PD-57-89 FIE #: LD 134/88
MR. & MRS. FLINTOFF - REQUEST FOR REFUND OF LOT LEVIES
LAND DIVISION COMMITTEE APPLICATION
LD 134/88
RECOMMENDATIONS:
5 (f)
File #_
Res. #
By-Law #
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-57-89 be received; and
2. THAT Mr. and Mrs. Flintoff be advised that the Town of Newcastle is not
prepared to refund any portion of the lot levy related to Application
LD 134/88.
1. ORIGIN:
At its meeting held on February 13, 1989, Council directed Staff to
investigate the matter of a levy refund requested by Mr. and Mrs.
Flintoff and report back to Committee.
2. BACKGROUND:
2.1 On March 14, 1988 the Durham Land Division Committee approved Mr. and
Mrs. Flintoff's land severance application subject to conditions, one
of which stated that the applicant is to satisfy the Town of Newcastle
requirements, financial and otherwise. It should be noted that
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detailed requirements of the Town were provided to the Durham Land
Division Committee prior to its approval of the application which among
other matters, required the applicant to pay to the Town of Newcastle,
the appropriate lot development charges.
2.2 The Land Division Committee, in approving the application, noted in
their decision that the last date for fulfilling the stated conditions
was Friday March 24, 1989.
3. COMMENTS:
3.1 The conditions of approval recommended by Town Staff stated "the
applicant pay the Town appropriate lot development charges ". As noted
in Staff Report PD -20 -89 in regard to Mrs. Sragg's request for refund of
lot levy charges, the word "appropriate" was not defined but has always
been intended to mean that the rate of levy will be determined at time
of payment. It was precisely this reason that Staff did not specify
the amount in our conditions of approval.
3.2 Staff would note this procedure has been observed in all development
applications, including the consideration of Plans of Subdivision. The
provisions of the Town's Subdivision Agreement state that the owner
agrees to any annual adjustment of development charges and that the
adjustment charges are applicable to all lots in the Plan for which
development charges are due and unpaid.
3.3 As previously confirmed in Staff Report PD- 20 -89, Staff in commenting
to the Land Division Committee state that the payment of development
charges are subject to change as approved by Council from time to time.
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REPORT N0.: PD-57-89 PAGE 3
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3.4 It is staff's opinion that the development charges as requested and
timing of payment are consistent with the policy recommendations as
endorsed by Council in the Town's review of a "Development Charge
Policy Study" as approved by Council in September, 1988.
3.5 Accordingly Staff cannot support the refund as requested.
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin WO' M°C.I.P. Lawreu Kotoeff
Director of Planning 6 Development Cbief n�6iatcative Officer
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*Attach.
February 16, 1989
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