HomeMy WebLinkAboutPD-207-88 DN: 207-88
TOWN OF NEWCASTIF
1
REPORT File # A7_1
Res. #(°r �'� -�, 1
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 3, 1988
REPORT #: PD-207-88 FILE #: LD 549/88 to LD 553/88
SUBJECT: APPEAL OF THE DECISIONS OF
THE DURHAM LAND DIVISION COMMITTEE
LD 549/88 TO LD 553/88
KINGSBERRY PROPERTIES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-207-88 be received; and
2. THAT the Town appeal the decisions of the Durham Land Division Committee
with respect to Applications LD 549/88 to LD 553/88 on the basis that
conditions of approval, as requested by the Town, was not incorporated in
its decision; and
3. THAT the Durham Land Division Committee be advised of Council's decision to
appeal on or before October 12, 1988; and
4. THAT the Director of Planning and Development be authorized to withdraw the
appeal if the applicant can satisfy the Town's requirements, including, but
not limiting to, the payment of lot levy.
1. BACKGROUND:
1.1 On September 12, 1988, the Land Division Committee approved five (5) consent
applications submitted by Kingsberry Properties to divide each of the five
(5) lots for semi-detached dwellings. The property is located in Kingsview
Court in Courtice (see attached sketch) .
. . .2
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REPORT NO. : PD-207-88 PAGE 2
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1.2 In it's decision, the Land Division Committee did not impose, as a
condition of approval, the requirement requested by the Town.
Specifically, the Town requires payment of development charge levy;
submission of reference plans; and to comply with the requirements
of the Public Works Department.
2. COMMENTS:
2.1 Since conditions were not imposed by the Land Division Committee, the
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developer is not required to comply with the Town's requirements. In
order to protect the Town's interest, it is prudent that an appeal be
lodged.
2.2 Staff discussed this matter with the applicant who understands the
predicament we are in. It is not clear why the Land Division
Committee ignores the requirements from the Town, but the applicant
aoaozea oo that be intends to fulfill the requirements of the Town.
2.3 Notwithstanding the verbal cummittment from the applicant, the appeal
must he lodged. If and when the applicant pays the lot levies and
undertakes to satisfy the other requirements of the Town, the appeal
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can then be withdrawn.
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu, M.C.I.P. Lawrence taeff
Director of Planning & Development Chief Ad i tcative Officer
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*FW* 'ip
*Attach.
September 29, 1988
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