What is the process for obtaining permission for development or carrying on a new designated use?
In many cases, local governments have by-laws that set out the local government’s application procedures for obtaining permission for development or carrying on a new designated use.
The process for obtaining permission generally involves the submission of an application, the form of which is prescribed by the local authority, describing the proposal. The local authority will review the application and the information accompanying it. On the basis of this review and, in some cases, consultation with professional experts, a report will be prepared by local government staff which will recommend whether the request should be granted or refused and also recommend conditions that should be attached to an approval.
Depending on the nature of the proposal and on the by-laws and rules of the local government, the final decision on the application will either be made by the local elected body or planning staff under powers delegated to them by the local government. Where the desired use of the land is not already 'permitted' or otherwise allowed in the applicable zoning district, approval of the elected body of the local government will often be required.
Depending upon the type of approval sought, the local government may conduct a public hearing at which members of the public are given an opportunity to present opinions for or against the development proposal. The applicant will also be given an opportunity to make submissions and respond to the submissions of the public. Local governments may in some cases provide for a public hearing even when there is no such requirement under the applicable legislation or by-laws.
If permission for development or changing the designated use is refused, an appeal may be submitted to a local appeal board or to the courts in the form of an application for judicial review challenging the local government’s action.