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Towards a positive policy for neighbourhood shopping centre location Jellinek, Tommy John 1963

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TOWARDS A POSITIVE POLICY PGR NEIGHBOURHOOD SHOPPING CENTRE LOCATION by TOMMY JOHN JELLINEK B . S c , M c G i l l U n i v e r s i t y , 1957 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF SCIENCE i n the Department of Community and Regional Planning We accept th i s thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA A p r i l , 1963 I n . ' p r e s e n t i n g t h i s t h e s i s i n p a r t i a l f u l f i l m e n t o f the requirements f o r an advanced^degree at the U n i v e r s i t y of B r i t i s h C o l u m b i a , I agree that the L i b r a r y s h a l l make i t f r e e l y a v a i l a b l e f o r r e f e r e n c e and s t u d y . I f u r t h e r agree that p e r -m i s s i o n f o r " e x t e n s i v e c o p y i n g o f t h i s t h e s i s ,f or . s c h o l a r l y purposes may be granted by the Head of my Department or by h i s r e p r e s e n t a t i v e s . I t i s unders tood that copying, or p u b l i - . c a t i o n o f t h i s t h e s i s f o r f i n a n c i a l g a i n s h a l l not be a l lowed without my w r i t t e n p e r m i s s i o n . ' '. Department of C o m m u n i t y and R e g i o n a l P l a n n i n g The U n i v e r s i t y of B r i t i s h Columbia , . Vancouver 8, Canada. Date May 6th, 1963. ABSTRACT As a r e su l t of changing condit ions i n Canada since the Second World War, suburban m u n i c i p a l i t i e s , that i s those munic ipa l i t i e s adjacent to urban centres which s t i l l have a g r i c u l t u r a l land, have found themselves coping with the problems of rap id urbanizat ion. The suburban mun ic ipa l i t i e s seem to have f a i l e d i n meeting these problems, p a r t l y as the r e su l t of not having a pos i t ive land use p o l i c y . By pos i t i ve p o l i c y i s meant the type which states objectives and attempts to achieve these goals as opposed to the negative type which merely regulates . This lack of a pos i t i ve p o l i c y i s e spec ia l ly noticeable i n regard to the loca t ion of the neighbourhood shopping centre, which i s the focal point of modern r e s i d e n t i a l suburban development. An examination of the publ ic in teres t i n general terms, and then s p e c i f i c a l l y i n regard to the loca t ion of the neighbourhood shopping centre shows that the publ ic in te res t warrants cont ro l as to i t s l oca t ion . The cont ro l techniques i n the past have been Conventional Zoning and Subdivis ion Cont ro l . By Conventional Zoning i s meant the type of zoning which i s car r ied out without co re la t ion wi th a general or master plan for development of the mun ic ipa l i ty . A h i s t o r i c a l and lega l examination of these two techniques i i snows that although they were ef fec t ive to some extent i n the past , they are b a s i c a l l y weak owing to t he i r negative character, and also they are not sui ted to cont ro l land use i n regard to modern methods of development. This i s shown by examining these two techniques i n effect i n a sample suburban munic ipa l i ty of De l t a , B . C . Since Conventional Zoning and Subdivis ion Control are found to be i n e f f e c t i v e , such pos i t i ve techniques as land a c q u i s i t i o n , purchase of development r i g h t s , land assembly, r e p l o t t i n g , modern zoning techniques, and d i f fe ren t phys ica l and economic controls are examined as to t h e i r effectiveness on the Canadian scene and i n the countries where they are extensively used. The d i f fe ren t techniques are then t r i e d out hypothe t ica l ly as they might be used to cont ro l the loca t ion of the neighbourhood shopping centre i n the example munic ipa l i ty of D e l t a , B .C . I t i s found that the purchase of the future s i t e of the neighbourhood shopping centre i s the most ef fec t ive way i n which a Canadian suburban munic ipa l i ty can cont ro l the loca t ion of i t s neighbourhood shopping centre. The conclusion from the study i s that Canadian suburban munic ipa l i t i e s i n the past have not met the challenge of rapid urbanizat ion both i n general terms and s p e c i f i c a l l y i n regard to c o n t r o l l i n g the loca t ion of the neighbourhood shopping centre which i s the key to modern suburban r e s i d e n t i a l development. This challenge can be met i f the suburban mun ic ipa l i t i e s adopt a p o s i t i v e p o l i c y for the i i i o v e r a l l development of the munic ipa l i ty which w i l l be re f lec ted i n the use of a technique such as s i t e purchase to cont ro l the loca t ion of the neighbourhood shopping centre. i v ACKNOWLEDGEMENTS I should l i k e to thank the many people, both members of the s ta f f of the Univers i ty of B r i t i s h Columbia and others , who gave of the i r valuable time to answer questions and discuss various aspects of the thes i s . P a r t i c u l a r thanks to Dr. H. P. Oberlander, Head of the Department of Community and Regional Planning, Unive r s i ty of B r i t i s h Columbia and Dr. K. J . Cross, also of the Department, for t h e i r constant encouragement and also to Miss M. Dwyer and s ta f f of the Pine Ar ts Section of the Univers i ty of B r i t i s h Columbia L ib ra ry for t he i r consistent kindness and help, e spec ia l ly i n the loca t ion of 'non-existent books 1 . F i n a l l y , many thanks to my wife for typing and proof reading, without her a id the thesis would never have been wr i t t en . v TABLE OP CONTENTS Page ABSTRACT i i ACKNOWLEDGEMENTS v INTRODUCTION . 1 Chapter I . -PUBLIC INTEREST AND THE NEIGHBOURHOOD SHOPPING CENTRE . 7 I I . CONVENTIONAL ZONING AND SUBDIVISION CONTROL 27 I I I . POSITIVE TECHNIQUES OP LAND USE CONTROL 5i | IV. HYPOTHETICAL EXAMPLE AND CONCLUSION. . 83 BIBLIOGRAPHY 107 1 INTRODUCTION The Second World War saw Canada achieve the t r a n s i t i o n from an a g r i c u l t u r a l nat ion to an i n d u s t r i a l one. With i n d u s t r i a l i z a t i o n came urbanizat ion as more and more people l e f t the r u r a l areas to take up jobs i n the c i t y . Today over s i x t y - s i x percent of the population i s classed by the 1961 census as being urban. The war also caused a very high b i r t h rate and th is fact coupled wi th post war immigra-t i o n increased the population from IJ4 m i l l i o n i n 195i to 18 m i l l i o n i n 1961; by 1980 th i s f igure i s expected to be over 3 twenty-six m i l l i o n . This increase i n populat ion, coupled wi th the trends i n i n d u s t r i a l i z a t i o n and urbanizat ion have resul ted i n the growth of Canadian c i t i e s at an unprecedented ra te , both i n population and areal extent. The. areal expansion occurred on the only land avai lable for large scale development, the a g r i c u l t u r a l land which surrounds most Canadian c i t i e s . This growth, unplanned and uncontrol led , i s commonly referred to as 'urban s p r a w l ' . At f i r s t the suburban municipalities^weloomed the new r e s i d e n t i a l subdiv is ions , for i t meant increased value for farmlands and good tax returns for the mun ic ipa l i t y . The subdivis ions were r ap id ly taken up by the people who wished to escape from a l l the f rus t ra t ions of c i t y l i v i n g and saw i n these subdivisions a chance to l i v e i n the country and work 1 2 i n the c i t y . They were also taken up by those people who found that they could not afford a house i n the c i t y but found that house ownership was possible i n the suburbs, as a r e s u l t of low down payments and long amortization periods provided by the National Housing Act for new homes. These new subdivisions i n the suburbs were to be the 'New Eden' or so said the advertisements of the subdividers . The dream was not to ma te r i a l i ze ; urban sprawl resul ted i n ever increasing cost for se rv ices , such as sewers, water, schools, e t c . , to such an extent that i n some instances they became impossible to supply. The new suburbanites found themselves without the services they des i red, and the munic ipa l i ty could not afford to provide many of these services due to the scattered nature of the developments. What had happened was that i n the absence of planning controls more land was subdivided than was ac tua l ly required . The re su l t of th i s premature subdiv is ion was a large number of subdivisions each only containing a few houses. Under these conditions i t became very expensive to provide services such as sewers which would only be p a r t i a l l y u t i l i z e d . The farmers i n these suburban mun ic ipa l i t i e s were also affected by these premature subdiv is ions . I n i t i a l l y the farmers had welcomed urbanizat ion as they hoped i t would help i n the lowering of the i r taxes. I t would have, had urbanizat ion been orderly and planned, but as i t was the high cost of s e rv i c ing the scattered developments f e l l on the farmers' shoulders. Their m i l l rate went up, as did the 3 assessment on the i r land. S i m i l a r l y , the checkered pat tern of development was making i t more and more d i f f i c u l t to farm the land e f f i c i e n t l y . A l l th i s d id not worry the speculative subdivider , whose only concern was to subdivide the land and to s e l l l o t s . Whether 'Happy Acres ' would become a viable part of the community or not was not his primary concern. The suburban munic ipa l i t i e s f i n a l l y r ea l i zed that something would have to be done to prevent them from going into bankruptcy, although a few did go nearly bankrupt and were only saved by p r o v i n c i a l in te rvent ion . The suburban m u n i c i p a l i t i e s , having been forced to admit that the free market would not of i t s e l f produce a land use pat tern which would protect the publ ic i n t e r e s t , therefore saw the necessi ty for some kind of publ ic cont ro l over land use, since experience had shown that only a very small f r ac t ion of the p u b l i c , namely the developer, was being s a t i s f i e d and even he not always. Although the Provinces had enabling l e g i s l a t i o n for d i f fe ren t types of municipal land use c o n t r o l , i t would appear that when cont ro l over land use was put i n effect i t was by the means of two techniquesj Conventional Zoning and Subdivis ion c o n t r o l . Conventional Zoning i s considered here to be the system of zoning whereby zones are drawn on a map de l imi t i ng the type of development which i s to be allowed i n each zone, without having the zoning geared to any comprehensive p l an . Subdivis ion Control i s the type of con t ro l which requires a subdivider to meet ce r t a in minimum standards i n regard to type and width of road, type of sewer to be i n s t a l l e d , e t c . I f drawn up proper ly , and v igorous ly , these controls are capable of ensuring that the development has a l l the services necessary such as sewers, pavement e t c . , provided by the developer. However, the maintenance of these se rv ices , once i n s t a l l e d , remains the r e s p o n s i b i l i t y of the munic ipa l i ty . The common denominator of Subdivis ion Control and Conventional Zoning i s the regulatory nature of both, and as such may be considered as negative cont ro l s . They prevent the worst from happening but do nothing to encourage the best to happen, whereas any processes which encourage good develop ment as opposed to the mere regula t ion of development would be considered as pos i t i ve con t ro l s . The re l iance of suburban munic ipa l i t i e s i n the past on negative controls has not proved to be very e f fec t ive ; what i s required i s a more pos i t i ve p o l i c y i n regard to a l l kinds of land use, although i t must be remembered that some kinds of land use have a greater impact than others, and one of the objectives of planning i s to 'balance out ' the d i f fe ren t land uses. One of these key land uses i s the 'commercial area' o r , as i t i s usual ly ca l l ed today, the 'shopping centre Today i n suburban mun ic ipa l i t i e s the shopping centre i s of prime importance as i t not only functions as the commercial centre but also as the s o c i a l centre of the community. This s o c i a l function i s common to a l l three categories into which shopping centres have been divided - Regional , Community and Neighbourhood. I t i s the neighbourhood shopping centre which i s e spec ia l ly important to the orderly development of a mun ic ipa l i ty . I t must be pointed out, however, that the term 'neighbourhood' here means three of Per ry ' s 6 neighbourhood uni ts focused on a neighbourhood shopping centre. This type of neighbourhood i s the simplest unit which can form a viable community. I t becomes apparent that the loca t ion of the neighbourhood shopping centre w i l l be of prime importance i n ensuring orderly development. Therefore i t i s the contention of th is thes i s : That Canadian suburban mun ic ipa l i t i e s should develop a pos i t i ve p o l i c y to cont ro l the loca t ion of the neighbourhood commercial centres. References Canada Census, Rural Urban D i s t r i b u t i o n (Ottawa: Queen's P r i n t e r , 1961), Table, 12. 2 I b i d . -^Yves Dube, J . E . Howes, D.. L . McQueen, Housing and S o c i a l C a p i t a l , Royal Commission on Canada's Economic Prospects. (Ottawa: Queen's P r i n t e r , 1957), p . 26. 4 'Suburban' hereafter refers to the mun ic ipa l i t i e s which are located just outside of the b u i l t up areas and which s t i l l have a major por t ion of t h e i r land devoted to a g r i c u l t u r a l uses. ^Richard L . Nelson, The Se lec t ion of R e t a i l Locations (New York: P. W. Dodge Corp . , 195b), p . 176. ^For a good account of Pe r ry ' s Neighbourhood Concept see Chapter IT of James Dahir , The Neighbourhood Unit P lan (New York: Russel Sage Foundation, 1947)» PP. 16-26. CHAPTER I PUBLIC INTEREST AND THE NEIGHBOURHOOD SHOPPING CENTRE The Publ ic Interest C i t y Planning may be regarded as a means for sys temat ica l ly an t i c ipa t ing and achieving adjustment i n the phys ica l environment of a c i t y consistent wi th s o c i a l and economic trends and sound p r i n c i p l e s of c i v i c design . . . I t i s designed to f u l f i l l o c a l objectives of s o c i a l , economic, and phys ica l w e l l being, considering both immediate needs and those of the foreseeable future. The concept of ' p u b l i c in teres t ' l i e s at the heart of c i t y planning. But ' pub l i c i n t e r e s t ' i s a vague, unsat isfactory term for i t may mean d i f ferent things to d i f ferent people at d i f ferent periods of time. People representing Real Estate In te res t s , for example, have often stated that i t i s i n the ' p u b l i c i n t e r e s t ' to al low the free market to operate. Planners, on the other hand, bel ieve that publ ic in teres t i s best served by the imposi t ion of planning con t ro l s . These two a t t i tudes seem at f i r s t sight incompatible - they imply two mutually exclusive conceptions of ' pub l i c i n t e r e s t ' . Yet underlying both i s the same p r i n c i p l e - that of seeking 'the greatest good for the greatest number' for socie ty regards ce r ta in goals as not only desirable but greater i n importance than the ful f i lment of i n d i v i d u a l des i res . 7 8 In working towards a d e f i n i t i o n of ' pub l i c i n t e r e s t ' i t should be noted that Economic Theory i s almost un ive r sa l ly agreed that soc i e ty ' s aim should be to maximize i t s 2 resources. The disagreement comes about i n d iscuss ing the most sui table method. At the ' f a r l e f t ' of the p o l i t i c a l spectrum are the advocates of complete government con t ro l ; at the 'far r i g h t ' , those of La i s sez -Fa i r e . Complete government cont ro l implies that the good of the i n d i v i d u a l must be s a c r i f i c e d to that of the s tate; La i ssez-Fa i re holds that s o c i a l needs are best served by ensuring that the i n d i v i d u a l may exercise 'enlightened s e l f - i n t e r e s t ' . ^ The far l e f t does not take in to considerat ion the fact of i n d i v i d u a l desires and asser t ions; the arguments of the far r igh t are not t r u l y v a l i d unless a free market e x i s t s . Controls have to be imposed on the one hand; i n d i v i d u a l r igh t s respected on the other. Theore t i ca l ly e i ther extreme, under i t s own idea l condi t ions , could br ing about the maximization of resources. This maximization i s the goal of each. I t i s just as much the goal of the spokesman for r e a l estate in te res t s as i t i s for the community planner. I t can thus be employed as a d e f i n i t i o n of pub l i c in te res t ; - ' pub l i c i n t e r e s t ' , then, i s the maximization of resources . ' The Publ ic Interest i n Canada Canada, l i k e most other countries of the world, has adopted a compromise between free enterprise and government control i n an attempt to maximize i t s resources. Canada, however, being a cons t i t u t iona l monarchy with a federal system 9 of government, has divided the r e s p o n s i b i l i t y for governmental controls between the Federal and P r o v i n c i a l governments. In theory, the Federal Government i s supreme, by v i r tue of the fact that i t may d isa l low P r o v i n c i a l l e g i s l a t i o n ; however, i n f ac t , th i s i s seldom done. The powers, du t ies , and r e s p o n s i b i l i t i e s of the two levels of. government are c l e a r l y defined by the B r i t i s h North America Act of 1867.^  A Local or Municipal Government i s purely a creature of the Province and has only those powers which the Province grants to i t . These powers are regulated ei ther by-the charter which created them, as i n the cases, of c i t i e s l i k e Vancouver, Montreal, and Toronto, or else by the various P r o v i n c i a l enabling Acts such as the Munic ipal Act i n B r i t i s h Columbia. The Federal government is responsible for such matters as defence, foreign p o l i c y , veterans a f f a i r s e t c . , while the Provinces r e s p o n s i b i l i t y includes education, natura l resources and s i m i l a r aspects as l a i d down i n the B .N.A. A c t . The p o l i c y of the government develops, i n a Democracy, "through an expression of the popular w i l l which i n turn i s ascertained from pressures"^ This p o l i c y i s then described as Publ ic In teres t . But as we have seen r e a l publ ic in teres t i s the maximization of resources. . Government p o l i c y is merely, geared towards publ ic interest, and i s not i d e n t i c a l to i t . The confusion between p o l i c y and pub l ic in teres t very often leads to ambiguity and doubt as to what the ' pub l i c i n t e r e s t ' i s which the l eg i s l a tu re t r i e s to promote. The 10 courts of the land are used to in terpre t intent of the l e g i s l a t i o n and may thus c l a r i f y the publ ic i n t e re s t . But the courts cannot declare what the publ ic p o l i c y should be since th i s i s the r i gh t of the l e g i s l a t u r e . Publ ic Interest at the Municipal Level Publ ic Interest i s the maximization of resources, but the best use of a resource var ies from time to time and from society to soc ie ty . The Municipal Counc i l , l i k e other l e g i s l a t i v e bodies, pursues a p o l i c y to achieve ce r t a in goals. The aims of l o c a l government have been stated as fo l lows: "Local Government i s concerned p r imar i l y with the tasks of supplying essen t ia l serv ices , regula t ing persons and property i n the in teres ts of publ ic health and safety and providing for the general welfare". This seems to introduce a di f ferent concept of publ ic in teres t but 'the in teres ts of publ ic health . . . and general welfare ' imply a maximization of resources since i t i s only a population whose welfare i s thus safeguarded that can u t i l i z e i t s resources proper ly . So c lose ly bound together are concepts of publ ic heal th and maximization of resources, that the degree of ' pub l i c heal th ' can be used as an index or measure of publ ic in t e res t . The publ ic i n t e r e s t , as represented by heal th and safety, i s the basis by which mun ic ipa l i t i e s j u s t i f y ce r t a in kinds of land use c o n t r o l . The concept of land use cont ro l i s not new, i t was recognized as being necessary as soon as land went into pr iva te ownership. One of the e a r l i e s t controls . was provided by the common law p r i n c i p l e of pr iva te nuisance. This prevented the i n d i v i d u a l ' s use of land from i n t e r f e r i n g with another's enjoyment of adjacent land. With the growth of c i t i e s there grew out of the i n i t i a l common law concept of pr iva te nuisance, the new concept of 9 publ ic nuisance. For example a slaughter house might be a nuisance i f i t were located next to residences. Later on t h i s concept of publ ic nuisance was re la ted to the concept of publ ic in te res t ; i . e . that which was a publ ic nuisance was obviously against the publ ic i n t e re s t . However, th is introduces the problem that what may be considered a nuisance i n one socie ty may not be a nuisance to the same society at another per iod of time. For example, i n Canada during the early 1900's the car was considered as a publ ic nuisance and mun ic ipa l i t i e s passed various by-laws regula t ing the use of the automobile, i n the publ ic i n t e r e s t . In the 1960's the automobile i s no longer considered to be a nuisance, however, the horse which was accepted i n 1900 i s now considered a nuisance and most mun ic ipa l i t i e s have by-laws regarding the keeping of horses wi th in c i t y l i m i t s . The reason for regulat ing the use of the horse i n I960 i s the same as the reason for c o n t r o l l i n g the use of the automobile i n 1900, that i s , the publ ic i n t e re s t . There has been no change i n the publ ic in te res t between 1900 and I960 instead what has happened i s that the standards by which nuisance was measured have changed. In 'horse and buggy' days when the majority of people used horses, the automobile was a nuisance as i t frightened the horses and was therefore a danger to safety. Today the horse which i s the unusual means of t ranspor ta t ion, has become a nuisance and so i t ' s use i s regulated. I t i s important to r e a l i z e that the standards which are used to measure the publ ic in teres t are not the same as the publ ic in teres t i t s e l f . The horse and automobile example i s just one instance of how standards may vary. Again, good health measures a century ago and i n the l igh t of knowledge at that t ime, are not acceptable today i n view of accumulated experience. Also new concepts have been added; today mental health i s almost as important as phys ica l health; a hundred years ago i t was not considered as s i g n i f i c a n t since l i t t l e was known about i t s treatment and cure. The re su l t of th i s change i n standards i s that today, i n the in teres ts of publ ic hea l th , mun ic ipa l i t i e s not only cont ro l such obvious health hazards as water and a i r p o l l u t i o n but have extended the i r con t ro l to such aspects as population densi ty . B u i l d i n g set-backs are imposed to guard against overcrowding. Bui ldings are set far enough apart to ensure that they w i l l receive as much sunshine as poss ib l e . To protect the c i t i z e n from accident;, danger areas such as flood p la ins are r e s t r i c t e d for settlement. The publ ic in teres t i s then represented by a l l of these heal th and safety measures. However, not a l l communities have the same aims, and i f the publ ic in teres t includes publ ic health and safety i t also includes convenience and amenity i n what i s sometimes termed the 'general we l fa re ' . The publ ic in teres t i n the case of health and safety i s easy to measure. The standards are r e l a t i v e l y uniform and there is almost universa l agreement. For example whether a sept ic tank or a sewer should be used i n a munic ipa l i ty depends upon the dec i s ion of the medical heal th o f f i c e r . Using precise s c i e n t i f i c techniques he can determine which system of san i t a t ion must be used to safeguard the pub l i c in te res t . The same precise s c i e n t i f i c techniques cannot be used when considering convenience and amenity, as here there i s a var ie ty of standards depending upon what goals society i s t r y ing to a t t a i n . However, i f the basic premise that the publ ic in teres t i s r e a l l y the maximizing of resources, then the r e a l problem is to define when a resource i s being maximized. An example w i l l i l l u s t r a t e a so lu t ion to th i s problem. Suppose that a small town has an open square at i t s centre and the question has ar isen as to whether the square should be b u i l t upon or not. C i ty Counc i l , i n making i t s dec is ion w i l l have to consider what w i l l best serve the publ ic in t e res t . I t must balance the revenue that w i l l accrue from the development, which can be measured i n do l l a r s and cents, with the amenity obtained, which is a s o c i a l benefit and not completely measurable i n terms of do l l a r s and cents. However, the cost of less juveni le delinquency, as we l l as the increase i n value of surrounding property can be measured.^ Council then produces a balance sheet i n which s o c i a l costs , plus the economic costs that the c i t i z e n s w i l l have to bear as a r e su l t of non development are equated against the increased revenue from development. Then the dec is ion i s made, le t us say i n t h i s example, not to develop. This then means that at th i s point i n t ime, maximizing of resources requires leaving the space undeveloped. Twenty years l a t e r , the balance sheet may show that development i s the best way to maximize th i s resource. Therefore, i t can be ascertained that there i s no c lear so lu t ion as to the problem of def in ing when i s a resource being maximized, for what i s the best use w i l l vary from time to time and from society to soc ie ty . Though an approximation can be made for a given society at a given point i n t ime. The means of car ry ing out th is maximization i s re f lec ted i n publ ic p o l i c y which i n Canada i s the p o l i c y established by the government and as implemented by l e g i s l a t i o n and interpreted by the courts . The d i f fe ren t levels of government may have d i f ferent p o l i c i e s r e f l e c t i n g the d i f fe ren t r e s p o n s i b i l i t i e s and p o l i t i c a l character of government. Publ ic Interest In Suburban M u n i c i p a l i t i e s In Re la t ion To Shopping Centres Prom the previous discuss ion i t follows that the publ ic in teres t i n a Canadian suburban munic ipa l i ty may be ascertained by examining the goals of pub l ic p o l i c y which are re f lec ted i n the by-laws and the i r court i n t e rp re t a t ion . Therefore, as an example of publ ic in teres t regarding neighbourhood shopping centres, the by-law of two suburban mun ic ipa l i t i e s i n B r i t i s h Columbia w i l l be examined:- those of the Corporation of Del ta and the Mun ic ipa l i t y of the D i s t r i c t of Surrey. Publ ic p o l i c y on the con t ro l of shopping centres has been implemented by means of two by-laws i n the Corporation of De l t a , namely "By-Law No. 1010" which i s the Zoning by-law and "By-Law No. 572" which i s the subdiv is ion by-law. The Zoning by-law div ides the munic ipa l i ty into a ser ies of zones and the p o l i c y behind th i s ac t ion i s ou t l ined i n the preamble to the by-law which s tates: A By-Law to d ivide the Mun ic ipa l i t y of Del ta into zones and to regulate the use of land, b u i l d i n g s , s tructures and surface of water w i th in such zones and to regulate the s i z e , shape and s i t i n g of bu i ld ings and structures wi th in such zones pursuant to the provis ions of the Municipal A c t .12 Prom t h i s preamble i t would appear that the munic ipa l i ty feels tha t , i n the publ ic i n t e r e s t , land use and bui ld ings on land should come under municipal con t ro l . However, as the by-law also points out, th i s i s only possible because of a s i m i l a r p o l i c y of the P r o v i n c i a l Legis la ture which i n the Municipal Act O g i v e s the munic ipa l i ty the r i g h t to con t ro l land use i f i t so des i res . The by-law recognizes that there ex is t s a category of neighbourhood commercial which i s a d i s t i n c t type of land use as i t has a zone marked C.N. or Neighbourhood Commercial Zone. The purpose of the publ ic in teres t i n having such a zone i s c l e a r l y stated i n the opening sect ion (Corporation of D e l t a , By-Law No. 1010 Sec. 9, s . s . 1) which reads i n par t : Bui ld ing and land s h a l l be used for commercial and service uses to serve the immediate day to day needs of the surrounding r e s i d e n t i a l areas and s h a l l include the fo l lowing: 1 *! The key phrase here i s "to serve the immediate day to day needs of the surrounding r e s i d e n t i a l areas". Therefore, the publ ic in teres t demands a place close by where the neighbourhood residents can shop. Subsection 2 of Section 9 of By-Law No. 1010 goes on to s ta te : The height of any bu i l d ing s h a l l not exceed the height prescribed i n this By-Law for the r e s i d e n t i a l zone . upon which the Neighbourhood Commercial zone abuts. ^ This would indicate that the publ ic in teres t warrants . the in tegra t ion of the commercial and the r e s i d e n t i a l uses; th is i s supported by the next three Sections which deal wi th set-backs and yard requirements. The publ ic in te res t i n e f f i c i en t t r a f f i c movement i s shown by Section 7 which out l ine the amount of off s treet parking that a store i n th i s zone must provide. To ass i s t the in tegra t ion of the commercial with the r e s i d e n t i a l uses and to lessen the ' s p i l l - o v e r ' e f fec t , Section 8 requires that screen p lan t ing be ca r r i ed out where the commercial zone abuts a r e s i d e n t i a l zone. F i n a l l y Sect ion 9 which i s probably the most important reads: Where a shopping centre i s designed as a unit with p rov i s ion for of f -s t ree t parking space and conforms to the general intent of th is Sect ion , the de ta i led spec i f ica t ions as required may be waived by the Board of A p p e a l . l o 17 This Section recognizes that there i s a difference between a shopping centre which i s a unit and a commercial centre which i s an agglomeration of s tores . Also i n the statement "Conforms to the General Interest" i s the idea that i f the shopping centre is to f u l f i l the publ ic i n t e r e s t , a ce r t a in l a t i tude must be given to the designer. Municipal By-Law No. 1596 of the Corporation of the D i s t r i c t of Surrey M u n i c i p a l i t y , i s almost i d e n t i c a l i n form to that of Del ta i n regard to the publ ic i n t e r e s t . However, publ ic p o l i c y at the l o c a l l e v e l i s not only expressed i n zoning by-laws, i t can a lso be ascertained from the subdiv is ion by-laws, as w e l l as bu i ld ing and l i cens ing regula t ions . The subdivis ion by-law i s the means by which the munic ipa l i ty controls the subdiv is ion of land. In Surrey's subdiv is ion by-law, (By-Law No. 1990 of the Corporation of the D i s t r i c t of Surrey) the preamble reads: Whereas i t i s deemed desirable to regulate the subdiv is ion of land i n order to promote the orderly and economical development of the Municipal i ty .17 This almost coincides word for word with Del ta Subdivis ion By-Law (By-Law No. 572 of the Corporation of Delta) except for the use of the word "harmonious" to replace the word "order ly" . The publ ic in teres t i s seemingly w e l l defined by the preamble, although the words harmonious and order ly might require further d e f i n i t i o n . The basic point i s however, that the mun ic ipa l i t y , i n the publ ic i n t e r e s t , deems i t necessary to cont ro l the subdiv is ion of land. Both De l t a ' s and Surrey 's by-laws set out the minimum area for a pa rce l of land i n the neighbourhood commercial zone, along with regulations regarding depth, width and frontage. Minimum standards are establ ished for services which are to be supplied by the developer, and rules are set down to ensure that present subdiv is ion does not in ter fere wi th future sub-d i v i s i o n of lands l y i n g beyond. The zoning and subdiv is ion by-laws have been examined p a r t i c u l a r l y because i t i s these two by-laws which are used to cont ro l the loca t ion and development of neighbourhood shopping centres i n our examples of suburban m u n i c i p a l i t i e s . Therefore, i t can be said they show the publ ic in te res t i n regard to c o n t r o l l i n g the loca t ion and development of these enterpr ises . The Neighbourhood Shopping Centre Although a d i s t i n c t i o n has been drawn by planners and developers as to the difference between a neighbourhood commercial centre and a neighbourhood shopping centre, i t i s necessary to define exact ly what is involved i n terms of development and services required by the term Neighbourhood Shopping Centre. 18 The urban Land I n s t i t u t e ' s Technical B u l l e t i n No. 30 defines the neighbourhood shopping centre as serving between 7,500 to 20,000 people, a l l of whom dwell w i th in s i x minutes d r i v i n g time from the centre. The centre occupies an area of from 4 — 10 acres which includes parking. The main store of such a centre upon which the centre i s focused i s e i ther 19 a Supermarket or a Drugstore. Along with, the above mentioned features which d i f fe ren t i a t e the Neighbourhood Centre from the Community or Regional Centre are the fo l lowing cha rac te r i s t i c s which the same b u l l e t i n out l ines as being of basic considerat ion i n d i f f e r e n t i a t i n g a shopping centre from a commercial centre: 1) S i t e that i s sui ted to the type of centre, located for easy access from the trade area and adapted to the layout intended. 2) A b u i l d i n g group that i s an a r ch i t ec tu ra l unit and not an assemblage of miscellaneous s tores. 3 ) An on-s i te packing arrangement that allows for ample entrance and ex i t and minimum walking d i s -t ances from the parked car to the b u i l d i n g . i|) A service f a c i l i t y that separates truck access from customer c i r c u l a t i o n and eliminates ser-v i c i n g from the p u b l i c ' s awareness. 5>) A store grouping that provides for greatest merchandising in te rp lay among the tenants' loca t ions . 6 ) An agreeableness i n surroundings that lends an atmosphere for shopping i n comfort, convenience and safety - weather p ro tec t ion , landscaping, foot t r a f f i c separated from vehic le t r a f f i c , design q u a l i t y - cha rac te r i s t i c s not associated wi th the usual commercial a r e a . ' These c r i t e r i a impose ce r t a in r e s t r i c t i o n s upon the way i n which the centre may be developed. Since the centre is a s ingle u n i t , although containing a number of d i f fe ren t r e t a i l ou t l e t s , i t must, of needs, be developed by a single developer. The s ingle developer i s not of necessi ty a s ingle person, i t may be a Trust Company or a Bank; however, the important thing i s that the developer is a s ingle corporate body. This means that a l l the decisions regarding the development of the centre are made by one entrepeneur. 20 I f the requirements and way i n which a shopping centre i s developed are now examined, i t should be possible to compare the desires of the developer wi th those of the mun ic ipa l i t y . I t should also be possible to show where the developer 's and mun ic ipa l i t y ' s in teres ts agree and where they c l a sh . Shopping centre developers can be c l a s s i f i e d i n two main categories , one group consists of large scale developers, who develop shopping centres as part of a large scale subdiv is ion scheme. These developers have an in te res t not only i n the shopping centre but«.also i n the community as a whole and therefore i t i s very important to them to ensure that a shopping centre i s integrated completely wi th the neighbourhood, to form a v iab le community. The second group are the developers who see the development of a shopping centre purely as an investment. This category develops centres e i ther i n bu i l t -up communities or else i n ou t ly ing areas which are l i k e l y to develop. I t i s th is l a t t e r category which i s examined here. The f i r s t step that such a developer takes i s to have 20 an economic analysis car r ied out. This analysis ascertains whether there i s su f f i c i en t population now or i n the foreseeable future i n the area to support the shopping centre. Once the area has been found to be economically su i t ab le , a s i t e must be se lec ted. The c r i t e r i a for s i t e se l ec t ion are: 1) That i t should be accessible over roads, wi th enough unused t r a f f i c po ten t i a l to avoid future jamming. 2) I t should be easy to dr ive onto the s i t e . 3) The s i t e should be i n one piece and not d ivided by a highway. l\) I t must be large enough to allow for adequate off s t reet parking. 5) I t should be close to adequate u t i l i t i e s such as sewers, l i g h t , water e tc . 6) I t should have favourable zoning. 7) I t should have sui table adjacent land use. 8) I t should have a s i t e depth of about IjOO feet . 21 9) The s i t e must have view at i t s access frontage, although the other three sides may be screened. These then are what the developer looks for i n a s i t e , although as i t i s pointed out, "the i d e a l s i t e i s hard to f i n d , i f your s i t e does not measure up to a l l the favourable factors then i t becomes necessary to adapt requirements i n 22 a way that w i l l minimize any adverse a f fec t s" . Once the developer has obtained his s i t e , then the next step i s to f ind sui table tenants. The tenants w i l l then determine the types of bui ld ings which w i l l go into the centre, since very often the developer w i l l b u i l d according to the desires of his tenants. This i s e spec ia l ly true i n the case of the p r i n c i p l e tenant, which i n a neighbourhood centre i s l i k e l y to be e i ther a Supermarket or a Drugstore. The developer 's goals can now be compared with the p u b l i c ' s goals . The f i r s t problem that the public in teres t faces with regard to the neighbourhood shopping, centre i s 22 that of the ' s p i l l - o v e r ' e f fec t . By ' s p i l l - o v e r ' i s meant the effects of the centre, which s p i l l over onto the adjacent property. At present there i s a ce r t a in amount of disagreement as to whether the centre has a b e n e f i c i a l or detrimental effect upon neighbouring property. At one end of the scale are people who state that the t r a f f i c , noise e tc . generated by the shopping centre decreases the i r property value for r e s i d e n t i a l purposes. At the other extreme are those people who consider that because of proximity to the neighbourhood shopping centre and the sub-sequent convenience of shopping, t he i r property values are increas ing . I t would seem that at present there i s no, c lear cut i n d i c a t i o n as to what effect the centre has, but no doubt the design and layout w i l l determine just what the s p i l l - o v e r effects w i l l be. The neighbourhood shopping centre as a generator of t r a f f i c can have very serious effects not only upon the adjoining propert ies but also upon the whole neighbourhood. Although the developer should take t r a f f i c in to account, he may not do so. When th i s happens, there i s a d i r ec t c o n f l i c t wi th the publ ic i n t e re s t . The improper s i t i n g of the centre i n regard to the t r a f f i c pat tern can affect the whole t r a f f i c pattern of the neighbourhood by using minor streets to carry excessive t r a f f i c volumes. This s i t u a t i o n i n turn may affect schools i n the area which become faced wi th a safety problem as heavier t r a f f i c begins to use minor r e s i d e n t i a l s treets instead of a r t e r i a l routes. Therefore, since the neighbourhood shopping centre i s a generator of t r a f f i c , i t s loca t ion must be integrated with the c i r c u l a t i o n system for the neighbourhood as a whole. The centre requires s e rv i c ing and therefore i t should be s i t ed close to adequate u t i l i t i e s , although the cost of i n s t a l l i n g the services wi th in the centre i t s e l f i s usual ly the r e s p o n s i b i l i t y of the developer. Once the resources are i n s t a l l e d and connected to the services of the munic ipa l i ty the problem of maintenance becomes a municipal r e s p o n s i b i l i t y . Should the centre not be co r rec t ly s i t e d , then the cost of maintenance to the munic ipa l i ty may become excessive. The neighbourhood shopping centre by d e f i n i t i o n i s always located i n a r e s i d e n t i a l area. Development of the shopping centre can take place ei ther before or after the area has been b u i l t up. In e i ther case the development of the area tends to be disrupted, since some people do not wish to locate close to a centre while others do, and u n t i l the development goes i n there i s a great deal of uncertainty for the res iden ts . The uncertainty also tends to affect the commercial f a c i l i t i e s i n the area. Since shopping centres 2 8 are monopolistic by nature, other r e t a i l commercial enter-pr i ses w i l l not enter an area where there i s a l i k e l i h o o d of a centre being developed. This means i n effect that u n t i l a dec is ion is taken as to whether to develop a neighbourhood shopping centre or not, the area may lack a l l types of commercial ou t l e t s . Should the dec is ion be prolonged for any length of time, then a commercial centre may develop, 2k usual ly of the r ibbon type which is undesirable and once established th i s unsat isfactory type of development i s d i f f i c u l t to change. Another problem i s that the developer may decide to go ahead and develop i n an area where there i s no r e a l need for a neighbourhood shopping centre. The motivation for th is dec is ion might be the fact that a competitor has already establ ished i n the area or that present losses might be recouped with future gains. Unfortunately the usual r e su l t i s the bankruptcy of e i ther one or both centres. The r igh t to commit economic suicide would not be questioned were i t not for the fact that i t has an adverse effect upon the neighbourhood, by upsett ing the centre of gravi ty of development and denying commercial f a c i l i t i e s when they are required and economically f eas ib le . Prom th is examination i t becomes apparent that c o n f l i c t s may ar i se between the desires of the developer and those of the mun ic ipa l i t y . The basic cause for the development of these c o n f l i c t s appears to l i e i n the lack of any pos i t i ve municipal p o l i c y i n regard to the loca t ion of the neighbour-hood shopping centre. I f the munic ipa l i ty were to develop such a p o l i c y , then these c o n f l i c t s , which ar i se b a s i c a l l y because of the developer's i n a b i l i t y to acquire the correct s i t e , could be solved. In the next chapter w i l l be examined the methods by which suburban mun ic ipa l i t i e s i n the past have t r i e d to cont ro l the loca t ion of the neighbourhood shopping centre. 25 References F . Stuart Chapin, J r . , Urban Land Use Planning (New York: Harper & Brothers, 1957)» p . x i v . 2 l n t e r v i e w wi th Mr . T. D. Heaver, Ins t ruc tor , D i v i s i o n of Estate Management, Facul ty of Commerce and Business Adminis t ra t ion , Un ive r s i t y of B r i t i s h Columbia, January, 1963. 3 l n t e r n a t i o n a l C i t y Manager's Assoc ia t ion , Local Planning  Adminis t ra t ion (Chicago: In te rna t iona l Ci ty Manager's Assoc ia t ion , I 9 I 4 8 ) , p . 12. ^Canada, Statutes , 31 V i c t o r i a , c . 3 (1867) , " B r i t i s h North America A c t " . ^ I b i d . ^Donald H. Webster, Urban Planning & Municipal Publ ic P o l i c y (New York: Harper & Brothers, 1958), p . 5 . 7 I b i d . , p . 27 . R Chapin, J r . p . J42. ^Robert A v e r i l l Walker, The Planning Function i n Urban Government. (Chicago: The Univers i ty of Chicago Press, 1 9 5 D , P . 5 5 . 1 0 C h a p i n , J r . pp. 5 0 - 5 6 . ^ T h i s i s discussed i n the Chapter on cost benefi t analysis i n Nathaniel L i c h f i e l d ' s Economics of Planned Development (London: The Estates Gazette L t d , 1956), pp. 263-280. 1 2 The Corporation of De l t a , B . C . , By-Laws. Zoning By-Law . No. 1010 (1962) . ^ B r i t i s h Columbia, Revised Statutes ( I 9 6 0 ) , c. 255, Sec. 702. Corporation of De l t a , B . C . , Zoning By-Law. ^ I b i d . l 6 I b i d . 1 7 The Corporation of the D i s t r i c t of Surrey, B . C . , By-Laws. . Subdivis ion By-Law. No. 1990 (1962) . Urban Land I n s t i t u t e , Shopping Centers Restudied (Technical B u l l e t i n No. 30) (Washington; D . C . : Urban Land In s t i t u t e February 1957) ,p. 19. 1 9 I _ b i d . , pp. 23-24 ^Some mun ic ipa l i t i e s such as Tacoma, Washington, require such an analysis before they w i l l allow development. ^nJrban Land I n s t i t u t e s , pp. 23-27. 2 2 I b i d . , p . 2i|. 23i n t e r v i e w wi th Professor P. H. White, Chairman, D i v i s i o n of Estate Management, Facul ty of Commerce and Business Adminis t ra t ion , Un ive r s i ty of B r i t i s h Columbia, January, 1963. CHAPTER I I CONVENTIONAL ZONING AND SUBDIVISION CONTROL Zoning i n i t s simplest terms i s a lega l and administrat ive device whereby a munic ipa l i ty d ivides i t s t e r r i t o r y into a number of d i s t r i c t s and applies to each d i s t r i c t a number of regulat ions to cont ro l the use of land, the height and bulk of bui ld ings and the area of ground b u i l t upon.1 The above d e f i n i t i o n c l e a r l y states just what i s meant by Conventional Zoning. I t i s important to understand what i s meant by conventional zoning, since the term zoning by i t s e l f i s applied to a var ie ty of zoning techniques. However, a l l zoning, be i t conventional or otherwise, has as i t s base the simple p r i n c i p l e of d i v i d i n g land uses into zones according to the a c t i v i t y car r ied on i n each zone and the cont ro l of these a c t i v i t i e s . I f zoning i s thought of i n t h i s way then i t becomes apparent that far from being a modern technique i t i s as old as c i v i l i z a t i o n . His tory of Conventional Zoning As long as man l i v e d by hunting or herding there was no need for a d i v i s i o n of land uses. However, as man came to se t t le i n one place and started l i v i n g a neo-urban existence, he found that he had a need for d i f f e r e n t i a t i n g between land p uses. Mumford points out how i n the very ear ly c i t i e s there was always a d i v i s i o n between the c i t y and the c i t a d e l - th i s perhaps i s the very f i r s t example of zoning. The c i t a d e l 27 contained the King ' s residence and the temple and no other type of use was allowed. I t might almost be possible to equate th is with the sacrosanct single family residence of present day North America. Prom these very p r i m i t i v e beginnings, zoning grew, so that by the time of the Greek and Roman C i v i l i z a t i o n s c i t i e s were very d e f i n i t e l y d iv ided in to zones, not only by custom and use such as the Porum or the Agora but by l ega l d i v i s i o n s . Thus ear ly Roman Laws recognized the need for zoning of ce r t a in areas, pro tec t ion of s treets against ce r t a in encroachments and they even went as far as p resc r ib ing bu i ld ing heights. An example of t h i s type of regula t ion i s the S ix ty -Th i rd Edic t of the Emperor Ju s t i n i an : In This Our Royal C i t y One of the most pleasant amenities i s the view of the sea; and to preserve i t we enacted that nb bu i l d ing should be erected wi th in 100 feet of the sea f ront . This law has been circumvented by ce r t a in i n d i v i d u a l s . They f i r s t put up bui ld ings conforming with th i s law; then they put up i n front of them awnings which cut off the sea view without breaking the law, next put up a b u i l d i n g ins ide the awning and f i n a l l y removed the awning.3 Prom th i s i t would appear that not only was there zoning i n Roman times but that ce r t a in members of socie ty were even then t r y i n g to get around the regula t ions . After the f a l l of the Roman Empire, zoning was s t i l l ca r r ied out i n the walled c i t i e s of Europe. A good example of th is medieval zoning would be the ghettos. Zoning, though not to such a marked degree, also existed i n England during th i s per iod , although because very 29 often the c i t i e s of England were not under the d i r ec t con t ro l of an absolute r u l e r , most of the zoning was based on the common-law p r i n c i p l e of con t ro l of pr ivate nuisance. There then evolved from the common-law idea of pr iva te nuisance the idea of a publ ic nuisance. This embodied the idea that ce r t a in uses were dangerous to the publ ic as a whole. Thus af ter the great f i r e of London i n 1666, regulat ions were passed to have houses a ce r t a in distance apart to prevent another disastrous f i r e . Other examples of pub l ic nuisance were slaughter houses, or powder factor ies which were r e s t r i c t e d to ce r ta in areas of the c i t y . When the co lonis t s s a i l ed for America they took t h e i r i n s t i t u t i o n s with them. These i n s t i t u t i o n s of Eng l i sh Law and Government were retained for the most part af ter the colony gained i t s independence. Thus i n 1774 the Tanners of New York were ordered to move out of the congested part of the c i t y . ^ Examples of th is type of regula t ion are also to be found af ter the r evo lu t ion . In 1795 the Supreme Court of Pennsylvania upheld an Act of the l eg i s l a tu re which allowed the Mayor, Aldermen and Common Counci l of Phi lade lphia to pass an ordinance p r o h i b i t i n g the erect ion of ce r t a in types of wooden bui ld ings wi th in a designated sect ion of Ph i l ade lph i a . These then are ear ly American examples of the pub l i c regula t ing uses for i t s own good. The reason for these regulations was that ce r t a in a c t i v i t i e s although not nuisances i n themselves, could become so, i f car r ied on i n the wrong p laces . This concept then added to the system of cont ro l of 30 nuisance by the i n d i v i d u a l on simple nuisance grounds, the system of cont ro l by the munic ipa l i ty on publ ic in teres t grounds. Probably the f i r s t zoning ordinance i n the United States i n the sense of zoning today was the Modesto Ordinance of 1885 which prohibi ted laundries from ce r t a in parts of that C i t y . The h i s t o r i c importance of t h i s Ordinance l i e s i n the fact that i t was challenged and ca r r i ed to the Supreme Court of C a l i f o r n i a , where i t was upheld. In 1899 the Federal Government passed a statute governing the heights of bui ld ings 7 by zones i n Washington, D.C. Soon other Ordinances followed; probably the next most important date i n American zoning h is tory is . 1913* when a C a l i f o r n i a r u l i n g forced a br ickyard to vacate a r e s i d e n t i a l area, although the yard had been i n 8 existence long before the residences. The year 1916 i s the great landmark i n zoning i n the United States , for i t was i n th is year that New York C i ty passed the f i r s t comprehensive zoning r egu la t ion . This Ordinance divided the c i t y to cont ro l land uses into d i s t r i c t s according to height, bulk and use of bu i l d ings . The adoption of comprehensive zoning by New York gave impetus to zoning and soon most c i t i e s had regulat ions of one sort or another. The l e g a l i t y of whether mun ic ipa l i t i e s i n the United States had the r igh t to zone or not was se t t l ed i n the famous case of the V i l l a g e of Euc l i d q Ohio v Ambler Realty Co. In 1926 when the United States Supreme Court ru l ed : that i t was l ega l for a community to use po l i ce power to determine the type of development which was to occur between i t s boundaries.1° I t was at th i s stage that the purpose of zoning changed from the i n i t i a l idea of nuisance to the modern idea of implementing planning. Zoning had become established i n most mun ic ipa l i t i e s of the United States by 1945 with the notable exception of such c i t i e s as Houston, Texas, which has r es i s t ed zoning to the present. In 1954 3-n g iv ing judgment i n Berman v Parker the Supreme Court of the United States ru l ed : That i t i s w i th in the powers of the Legis la ture to determine that the community should be beau t i fu l as we l l as healthy, spacious as w e l l as c lean, w e l l balanced as we l l as ca re fu l ly patrol led.1° This b a s i c a l l y meant that planning and design cont ro l were wi th in the powers of the Leg i s l a tu re . I m p l i c i t i n th i s i s the idea that i f the Legis la ture may plan and carry out area design, conventional zoning w i l l no longer be required and w i l l , i n a l l p r o b a b i l i t y , be absorbed i n the new method of planning. This has as ye t , not occurred but the trend would seem to be i n th i s d i r e c t i o n . Zoning i n Canada has been influenced by the events i n the United States . The f i r s t zoning enabling l e g i s l a t i o n i n Canada was adopted i n 1904, when the Ontario Government amended the Municipal Act^Ho a l low towns to cont ro l the loca t ion of ce r t a in businesses such as butcher shops and bakeries . Zoning along Eng l i sh l ines had been authorized i n a number of Provinces by Town Planning Acts modeled on the Engl i sh Act of 1909. The f i r s t of these Acts was the Town 13 Planning Act of New Brunswick 1912. This was followed by s im i l a r l e g i s l a t i o n i n Albe r t a 1913» ^Manitoba 1916, ^ Saskatchewan 1 9 1 7 , ^ B r i t i s h Columbia 1 9 2 £ , 1 7 a n d by 1928 every Province wi th the exception of Quebec had a Town Planning A c t . Conventional Zoning i s s t i l l very much the order of the day i n Canada although there i s a slow change towards Comprehensive Zoning as i s the case i n the C i t y of Vancouver. The various Town Planning Acts gave the mun ic ipa l i t i e s the r i g h t to plan and zone, but i t was not mandatory, so that i n ac tual prac t ice no munic ipa l i ty i s forced to pass a zoning by-law. In B r i t i s h Columbia the r i g h t to pass zoning by-laws was l 8 incorporated i n the Town Planning Act of 1925 and th i s Act i n turn was incorporated i n the 1957 Municipal A c t . This means that at present the r igh t to zone i s found i n the 20 Municipal Ac t . This enables a l l v i l l a g e s , towns and c i t i e s which come wi th in the j u r i s d i c t i o n of the Municipal Act to pass zoning l e g i s l a t i o n . C i t i e s l i ke Vancouver which are not i n the j u r i s d i c t i o n of the Municipal Act have zoning enabling l e g i s l a t i o n included i n the i r charters . His to ry of Subdivis ion Control Here, as i n the case of zoning, there must be c l a r i t y as to just what is inherent i n the term subdiv is ion con t ro l . Today i t i s normally associated wi th the idea of subdividing a large t rac t of land into i n d i v i d u a l lo ts and s t ree ts . However, the basis of subdiv is ion cont ro l i s the regula t ion of the d i v i s i o n of land regardless of s i z e . I f th i s basic view i s accepted, then subd iv i s ion , l i k e zoning, has been a part of c i v i l i z a t i o n since man ceased being a nomad and se t t l ed i n communities. For as soon as man se t t led into organized communities and t i l l e d the s o i l , there arose the problem of land ownership, or how the land was to be divided amongst the members of the group. Under Roman Law c i t i z e n s could hold land and th i s was divided equally amongst the he i r s . This was to have serious consequences as parcels became smaller and smal ler . In England as a r e su l t of the feudal system established af ter the conquest i n 1066, land was held on a somewhat d i f fe ren t p r i n c i p l e . In Saxon times land had been held by the v i l l a g e i n common; af ter the Norman Conquest the land belonged to the King who gave i t to his lords on a tenancy bas i s . The land was further suble t , u n t i l the lowest unit of land tenure, the manor was reached. Here the arable land of the manor was divided into s t r i p s of one acre and th is was 21 le t to the v i l l e i n who then worked the land. To protect the estates from being subdivided into small uneconomical parce l s , common-law recognized the rule of primogenature whereby the estate went in tac t to the eldest son. Another method to protect the estate from being subdivided or escheated to the crown was to place i t i n fee t a i l , th i s meant that the estate could not be disposed of by the owner who i n r e a l i t y was said 22 to be holding a l i f e in teres t i n the land. Later on th i s system of land tenure was to become burdensome and i n England today primogenature does not ex i s t while, fee t a i l i s only 31* found i n a modified form. The French brought the i r system of government and i n s t i t u t i o n s to the New World. Since water t ransporta t ion was the only means of e f f i c i e n t communication and since the Government wished to keep the se t t l e r s together, land was subdivided into what i s now known as the Quebec long l o t . The land given to the co lonis t s was i n the form of s t r i p s extending back from the r i v e r f ront . These s t r i p s were anywhere from one to two miles deep. This o r i g i n a l sub-d i v i s i o n of land can s t i l l be seen i n an a e r i a l photograph of the S t . Lawrence Lowlands where the long narrow f i e l d s give a d i s t i n c t pat tern to the land. The French had adopted the old Roman System whereby a l l the heirs shared equally i n the estate. This resul ted i n the o r i g i n a l s t r ips being subdivided into narrower and narrower s t r i p s , u n t i l i t became apparent that t h i s system could not be allowed to continue.. Therefore even before the Eng l i sh conquest of French Canada regulations were passed c o n t r o l l i n g the s ize of land that could be subdivided. The Eng l i sh Colonis ts i n the United States , l i k e the French, brought thei r i n s t i t u t i o n s wi th them and included amongst these was the system of land tenure. Af ter the revo lu t ion land was handed out i n fee simple, but society reserved the r igh t to tax, to expropriate wi th just compensa-t i o n , and to adjust i n the publ ic i n t e re s t . The North West Ordinances of 17Q$ and 1787^ou t l ined how the new land which had been acquired by the Republic was to be a l ienated . The New England Survey was to be adopted with townships s i x miles square, divided into sections (6i|0 ac ) . The land was to be surveyed p r i o r to settlement and sold i n small minimum p a r c e l s . ^ A l s o i n the case of inheri tance land was to be parce l led out equally amongst the he i r s . Thus there was sub-d i v i s i o n cont ro l of publ ic land i n passing to pr iva te cont ro l but not after i t was i n pr iva te hands, but t h i s did not cause any serious problem at that time since ample land was ava i lab le i n the west. Another reason why th i s was not a problem was that the towns had been surveyed into more lo t s than there were people to occupy them so that there was no need for subd iv i s ion . In Canada, the Crown Lands, except where they had already been subdivided by the French, were divided in to blocks sui table for a g r i c u l t u r a l settlement and only i n a few instances was land s p e c i f i c a l l y d iv ided up for the purpose of e s tab l i sh ing a c i t y . The influence of the French system can be seen at Winnipeg where the land was l a i d out i n 'R ive r Lo t s ' - these were ten chains wide and two miles i n length, running back from the r i v e r . These were subdivided into t h i n s t r i p s so that eventually they were only two chains wide i n some places . Whereas the rectangular survey establ ished roads along the township l ines or sect ion l i n e s , the River lo ts had a road along the .river, f ront , then p a r a l l e l i n g th i s another road at the two mile mark and sometimes s t i l l another at the four mile mark. These p a r a l l e l roads were then connected by a 66 f t . road allowance along the lo t l i n e . ^ The di f ferent surveys have Left the i r mark and subdiv is ion where the long lots are used i s r e l a t i v e l y complex even today. The rest of Canada was subjected to the rectangular survey, without any considerat ion for the t e r r a i n . The advantage of the gr id survey i n i t i a l l y was .that i t was easy to survey and also made i t easy to transfer t i t l e . Thus subdiv is ion cont ro l i n Canada as i n the United States was i n i t i a l l y the control r e s u l t i n g from the survey. The system worked f a i r l y we l l so long as there was plenty of usable land avai lable and so long as land was bought and sold for e i ther economic or s o c i a l purposes, such as farming or housebuilding. However, i n the 1920's i n the United States and to some extent i n Canada, there was a land boom. During the boom, land was no longer being bought and sold to be used for farming or for home const ruct ion, instead i t became a speculative commodity that was bought and sold l i k e shares on the stock market. The boom was the r e su l t of the increased population i n the c i t i e s which because of cheap mass transport could now move out in to the farmlands surrounding the c i t y . Before th i s time the o r i g i n a l survey of the towns had plenty of subdivided lo ts a v a i l a b l e , but these became taken up around 1920 and so because of the a v a i l a b i l i t y of cheap transport there began the mass sub-d i v i s i o n of r u r a l lands. The land was subdivided i n the most chaotic fashion, without any thought given to the consequences. Lots were created which were on the sides of c l i f f s or i n the middle of swamps. This chaotic subdiv is ion a c t i v i t y reached i t s peak i n F l o r i d a and C a l i f o r n i a . The bubble f i n a l l y burst leaving behind f i n a n c i a l r u i n for many of the investors and burdening the mun ic ipa l i t i e s wi th premature subdiv is ions . To prevent re-occurrence of t h i s subdiv is ion speculat ion the State Legis la tures passed enabling Acts which gave, mun ic ipa l i t i e s the r i gh t to cont ro l subdiv is ion wi th in t h e i r boundaries. Two methods were adopted by the m u n i c i p a l i t i e s ; the f i r s t was to require a, l icence for developers. The other was to pass ordinances requ i r ing the developer to put i n the s t ree t s , services e tc . This second method removed most of the speculative subdividers since i t meant that land subdiv is ion required a great deal of c a p i t a l investment. In Canada the land boom d id not r e a l l y manifest i t s e l f u n t i l just af ter the Second World War. Although most of the Provinces had passed enabling l e g i s l a t i o n i n the period just af ter the F i r s t World War, very few munic ipa l i t i e s had avai led themselves of the opportunity to cont ro l subd iv i s ion . I t was only af ter land was prematurely subdivided and the munic ipa l i t i e s found themselves i n f i n a n c i a l d i f f i c u l t i e s that subdiv is ion by-laws were passed. The C a p a b i l i t i e s of Conventional Zoning When zoning came into vogue during the 1 1920 ' s , i t was ha i led i n both Canada and the United States as the so lu t ion to a l l urban problems. To the people of the ' twenties planning and zoning'were the same th ing . This i s we l l i l l u s t r a t e d by a survey taken by the Nat iona l Resources Committee i n 1936. The Committee tabulated .1,3.22 urban zoning ordinances but found only 933 o f f i c i a l planning commissions and only 217 comprehensive plans as defined by 27 the l o c a l planners. However, although conventional zoning may not be the so lu t ion to a l l urban problems i t i s the so lu t ion to some, i f i t i s administered proper ly . One of the main uses of conventional zoning i s to ' f reeze 1 the status quo. By th i s i t i s meant that even i f a c i t y has had no zoning at a l l , a ce r t a in land use pat tern w i l l have evolved. This natura l pat tern can then be established by means of conventional zoning. This type of zoning i s also excel lent to ensure proper b u i l d i n g heights and that bui ld ings w i l l be exposed to the maximum amount of sun l igh t . I t can regulate e f f ec t i ve ly b u i l d i n g use on a single lo t basis and thereby can also cont ro l dens i t i e s . I t i s capable of producing homogeneous areas and can thus be used to protect property values. This l a t t e r i s one of the main arguments for conventional zon ing , . e spec ia l ly when i t comes to the s ingle family residence. I t can help to ensure greater safety i n r e s i d e n t i a l d i s t r i c t s , by excluding t r a f f i c generators. As a resul t of conventional zoning an area can have a uniform appearance which i n some instances can mean o v e r a l l improve1 ment i n the. c i t y . F i n a l l y i t can e f f ec t i ve ly be used to separate incompatible land uses and i f i t i s coupled to. a development p l an , then i t can help ensure the order ly development of the c i t y . " I f not coupled wi th a plan then the zoning ordinance becomes la rge ly an instrument of 39 expediency, subject to constant and often whimsical change." 2 ' The Weaknesses of Conventional Zoning Once the f i r s t enthusiasm had passed i t became apparent that there were ce r t a in inherent weaknesses i n the conventional zoning process. Before examining what these weaknesses are i t must be remembered that t h i s type of zoning was the product of the ' twenties and therefore was 'geared' to handle conditions as they then ex i s ted . Many of the problems encountered i n the use of conventional zoning are the r e su l t of t r y i n g to use a technique which i s not geared to present day condi t ions . The basis of most of the weaknesses of conventional zoning i s that i t was conceived o r i g i n a l l y to cont ro l i n d i v i d u a l l o t s . This was a reasonable idea i n the early days when each lo t was developed by i t s owner and houses were b u i l t to order rather than for sa le . Today one developer w i l l b u i l d a whole subdiv is ion or a c i t y block under an urban renewal scheme. For this type, of development the r i g i d regulat ions of conventional zoning are not adequate as they do not allow the a rch i tec t or planner to develop an o v e r a l l design and th i s tends to produce monotonous develop-ments. Another problem i s that th i s type of zoning was designed to protect the property values of the s ingle family r e s i d e n t i a l d i s t r i c t s by excluding a l l other types of development. This means that today a person cannot l i v e out his l i f e i n a neighbourhood unless he wishes to l i v e i n a s ingle family dwel l ing . This i s r a r e ly the case since at ho di f fe ren t stages i n Life d i f ferent types of accomodation 29 are required . 7 This lack of va r ie ty of r e s i d e n t i a l types also means that a monotonous area i s created but not only may the s ingle family r e s i d e n t i a l d i s t r i c t become monotonous, i t may also become inconvenient, e spec ia l ly i f there are no stores nearby. This has changed during the past few years and the necessi ty of having a neighbourhood store i s now recognized.-^Although conventional zoning was i n i t i a l l y supposed to ensure orderly development, th i s has not been the case. Unfortunately i n the f i r s t enthusiasm for zoning there was a tendency to overzone espec ia l ly for commercial uses. Thus New York C i ty has enough area zoned commercial 31 to support a population of 344 m i l l i o n . This i n turn meant that areas were allowed to run down before t he i r time espec ia l ly i n the areas next to the cen t ra l business d i s t r i c t s . Also i t encouraged sprawl as development was prevented i n ce r ta in areas, then developers jumped over these areas to the suburbs where there was ei ther no zoning or less str ingent zoning regula t ions . This does not occur i f zoning i s connected to a plan since then land i s always being zoned for a p a r t i c u l a r use when i t i s r ipe for the p a r t i c u l a r type of development. Other c r i t i c i s m s which may be made of con-vent ional zoning are that i t i s regulatory and negative i n approach. Th i s , as has been pointed out, implies that i t cannot cause good development - i t can only prevent the worse from happening. Also i t cannot undo what has already happened i n fact i t tends to f i x development good or bad. G a l l i o n points out how conventional zoning sets up a paradox i n that i f low density s ingle family d i s t r i c t s are the highest and best use of land and must be protected from a l l other uses, then the mul t i - fami ly high density d i s t r i c t must border upon the undesirable commercial or i n d u s t r i a l d i s t r i c t . Therefore, conventional zoning places more people i n less desirable locations which would seem contrary to the idea of having zoning protect the l i v i n g environment of the greatest number of peop le .3 2 Conventional Zoning subscribes to the idea of uses being i n the form of a pyramid with s ingle family residence zones at the top and then less desirable uses below. However, the pyramid shape i s a r r ived at by the higher use being allowed i n the lower use. This r e su l t s i n r e s i d e n t i a l uses being allowed i n i n d u s t r i a l zones which i s uneconomical since i t removes land around industry from i t s highest and best 33 use, namely i n d u s t r i a l improvement. F i n a l l y conventional zoning f a l l s down i n adminis t ra t ion . I t i s at present too simple to have zoning changed, yet at the same time i t must be f l e x i b l e ; at present conventional zoning i s not r i g i d enough i n some respects and too r i g i d i n others. The reason for t h i s , i t has been suggested, i s p r imar i l y that zoning i s often not t i e d to' a .plan and therefore Council has very l i t t l e reason for turning down a request for change. I t has been suggested that conventional zoning could work bet ter i f i t was administered by a Board or Commission not made up of lay people as i s usual ly the case but by profess ional planners who could then judge i f a design .warranted exemption from the regulations and also could decide i f the demanded changes i n zoning were reasonable. However, the idea of handing over cont ro l to the professionals out of reach of the elected representative of the people has too many p o l i t i c a l and ph i losoph ica l impl icat ions to be considered. The Uses of Subdivis ion Control As has been shown subdiv is ion cont ro l came into being as a resu l t of the speculative subdiv is ion of land during the nineteen twenties. B a s i c a l l y i t can require the developer to i n s t a l l a l l the services to ce r t a in spec i f ied standards. This tends to remove the speculative subdivider . I t can ensure that r u r a l land next to the c i t y be only subdivided i n accordance with the c i t y ' s master p l a n . ^ A l s o i t can require that a subdivider set aside a ce r t a in amount of land for rec rea t iona l use or else pay the munic ipa l i ty an equal sum so that i t may go out and purchase sui table land for recrea t ion elsewhere i n the mun ic ipa l i ty . I t can ensure that the streets are l a i d out properly and that the a r t e r i a l road of one sub-d i v i s i o n joins on to the a r t e r i a l road of the next. F i n a l l y i t can and i s i n some parts of Ontario being used to prevent the development of housing by demanding standards of service which make i t uneconomical to subdivide raw land for -it r e s i d e n t i a l purposes . J > The Problems of Subdivis ion Control One of the major problems of subdiv is ion cont ro l i s that i t i s l imi ted to the adminis trat ive boundary, of the munic ipa l i t y . Therefore i f one munic ipa l i ty has high standards of development and the next one low standards of development there i s a tendency for the i n f e r i o r development to adversely affect the superior development. S i m i l a r l y there i s the problem of in tegra t ing roads with those outside of the munic ipa l i ty though i n some communities roads must adhere to an o v e r a l l master p l an . Although subdiv is ion con t ro l does for the most part prevent speculative subd iv i s ion , i t cannot prevent premature subdiv is ion i f the developer wishes to take a r i s k . I t cannot and should not be subst i tuted for zoning con t ro l . In some parts of the United States subdivis ions have been held i n v a l i d because they cont ro l led the s ize of l o t s . The courts f e l t that th i s was the function of zoning. I f t h i s i s the case, then subdiv is ion cont ro l i s of very l i t t l e value i n determining the type of land use which the subdivided land w i l l be put to . Legal Aspects of Zoning Zoning was mainly developed i n the United States and Canadians have tended to accept American p r i n c i p l e s without considering that there are basic cons t i t u t i ona l differences 37 between the enabling l e g i s l a t i o n of the two countr ies . In the United States the cons t i t u t i ona l r igh t to control land use rests wi th the i n d i v i d u a l sovereign s ta tes . The states pass enabling l e g i s l a t i o n which allows the mun ic ipa l i t i e s to pass zoning ordinances. However, when the United States was i n i t i a l l y federated, a l l sovereign powers resided with the people except those which were ceded to the sovereign states who., i n tu rn , ceded cer ta in powers to the Federal Government. Any re s idua l power was deemed to reside with the people and the s ta tes . This meant that before zoning could be established as a l ega l p r i n c i p l e , i t f i r s t had to be proved that the states had the cons t i t u t i ona l r i gh t to pass the enabling act i n the f i r s t instance. Then i t had to be shown that zoning was not i n t e r f e r ing wi th the cons t i t u t iona l r igh t s of the i n d i v i d u a l . As a r e su l t the early h i s to ry of zoning includes one court case after another, contesting the c o n s t i t u t i o n a l i t y of the zoning regula t ions . The preoccupation with c o n s t i t u t i o n a l i t y i n the United States was we l l summed up by the Hon. George Langley, Min i s t e r of Municipal A f f a i r s of Saskatchewan, at the S i x t h Nat ional Conference i n C i ty Planning: Out i n my Western home, on the broad p r a i r i e , as I read the newspapers I have wondered how i t was that so many married couples i n the United States were divorced. After l i s t e n i n g to the papers at t h i s Convention for two days I have come to th i s conclusion - That most of these marriages must have been "unconst i tu t ional '^ 0 " This was said i n 191)4 but i t i s s t i l l true today. Canada has never had to face th i s problem, since b a s i c a l l y Parliament i s supreme. Once the Parliament of Canada has passed l e g i s l a t i o n i t i s the law of the land and supercedes a l l other considerat ions. The only recourse the publ ic has i s to change the Government and have the Act repealed. Canada does have a cons t i tu t ion of sorts i n the B r i t i s h North America A c t , 1867 which d iv ided the powers of government between the Federal and P r o v i n c i a l Governments. Although the Federal Government has the power to d i sa l low P r o v i n c i a l l e g i s l a t i o n , t h i s power i s r a r e ly used. The authori ty for the Province to pass zoning enabling l e g i s l a -t i o n i s found i n Section 92 of the B .N.A. A c t , Subsections 8 and 13, "Municipal I n s t i t u t i ons and Property and C i v i l Rights i n the Province ."^°As a r e su l t of t h i s , most Provinces have passed zoning enabling l e g i s l a t i o n , although the actual l e g i s l a t i o n varies from Province to Province. In some Provinces the power to zone was included i n the Town Planning A c t , i n others i n the Municipal A c t , while c i t i e s having Charters had the r i gh t to zone included i n the charters them-selves . In B r i t i s h Columbia the r i g h t to pass zoning regulat ions by the mun ic ipa l i t i e s i s contained i n the Municipal A c t ^ where, Sect ion 7 0 2 permits the Council to d iv ide the Munic ipa l i ty into zones to regulate the use of land and the s ize and shape of bu i ld ings . Legal Aspects of Subdivis ion In the United States before the development of the speculative subdivisions of the ' twent ies , the only cont ro l on subdivis ion of land was the laws governing p l a t t i n g , to ensure proper survey and that t i t l e to. s treets were properly conveyed. Most of the states, had passed such laws during the las t century.^However, after 1920 most of the states made use of the i r cons t i t u t i ona l r igh t to pass Sub-d i v i s i o n Control enabling l e g i s l a t i o n . They were helped i n th i s by the production of a Standard C i ty Planning Enabling Act by the United States Department of Commerce 1928. The r e su l t was that by 1934 o u t of some 700 planning boards 269 i n 29 states had, been delegated the power to cont ro l s u b d i v i s i o n . ^ I t i s rather strange but whereas zoning was constantly being challenged by the cour ts , there has been very l i t t l e l i t i g a t i o n over subdiv is ion con t ro l . I t has been suggested that t h i s lack of l i t i g a t i o n i s only because sub-d i v i s i o n cont ro l has r a re ly been put f u l l y into e f fec t . In Canada again as with zoning, the r igh t to pass sub-d i v i s i o n cont ro l l e g i s l a t i o n rests with the Province by v i r tue of the B .N.A. A c t . ^ T h e l e g i s l a t i o n c o n t r o l l i n g subdiv is ion i s d ivided between the Province and the Munic ipa l i t y i n the d i f ferent provinces. For example i n Ontario "The Planning Ac t , 1955» together with ce r t a in provis ions of the Registry Act and the Land T i t l e s Ac t , requires that a l l plans of subdiv is ion s h a l l be approved by the Min i s t e r of Planning and Development p r i o r to r e g i s t r a -t i o n . "^Today the Min is te r of Munic ipal A f f a i r s must approve subd iv i s ion . Thus Ontario feels that subdivis ion i s so important that i t cannot be trusted to the mun ic ipa l i t i e s but must be cont ro l led by the Province. Whereas i n B r i t i s h Columbia the munic ipa l i ty by v i r tue of the Municipal A c t ^ may cont ro l subd iv i s ion , although the Province also controls subdiv is ion by v i r tue of the Land Regis t ry A c t , The Plans Cancel la t ion Ac t , The Lands A c t , The Veterans Land Settlement A c t , and The Soldiers Land A c t . At present there i s one problem which has as yet not been solved i n B r i t i s h Columbia; namely, that municipal cont ro l of land subdiv is ion i s confined to those subdivis ions which are created by a surveyor 's p l an , but there i s a r e l a t i v e l y large volume of subdiv is ion transactions which can be regis tered without recourse to a subdiv is ion p lan , provided the Land Regis t ra r i s w i l l i n g to accept a reference plan or an explanatory plan or a metes and bounds d e s c r i p t i o n . ^ This means that i f the Land Regis t rar i s w i l l i n g to r eg i s t e r the subd iv i s ion , i t i s possible to subdivide contrary to the municipal regula t ions . The resu l t of having subdivis ion cont ro l enabling l e g i s l a t i o n i n d i f fe ren t Acts instead of un i f i ed i n one Act i s that there i s no guarantee of good subdivis ion design as i s the case i n Ontario. Example of Conventional Zoning i n Operation -De l t a , B. C. Zoning, having been examined from a h i s t o r i c a l , l e g a l , and pragmatic point of view, should now be examined i n pract ice i n a suburban mun ic ipa l i t y . The example chosen i s De l t a , B . C . , which i s a suburban munic ipa l i ty l y i n g 20 miles south of Vancouver and i s at present i n the process of urbanizat ion. In 1962 the Council passed a zoning by-law, which divides the munic ipa l i ty into 16 zones. The by-law out l ines the type of bui ld ings and uses which are allowed i n each zone. At present, Del ta does not have a 'Development P lan ' but one i s being prepared. Therefore, the present conventional zoning i s b a s i c a l l y being used to ' f i x ' the e x i s t i n g land use u n t i l a development plan i s prepared. Many of the weaknesses out l ined for conventional zoning can be seen to be operating i n De l t a . Thus for instance, although the by-law recognizes a neighbourhood commercial zone, th i s zone i s applied to the present e x i s t i n g shopping centres but no p rov i s ion i s made for the future. Prom the desc r ip t ion of the purpose of the zone i t can be assumed that i t may be placed i n any d i s t r i c t , provided cer ta in conditions are met. Since the munic ipa l i ty was zoned, Counci l has changed the zoning regulat ions on request of various owners wi th the resu l t that there i s the beginning of r ibbon commercial, the very thing which the zoning was to prevent u n t i l the plan was ready. The zoning however has been usefu l . I t has recognized the problem of premature subdiv is ion a lbe i t af ter the damage was done and has t r i e d to prevent i t occurr ing again by zoning undeveloped land, "Reserve Res iden t i a l " i n which parcels may not be subdivided into less than 10 acres and can have only one dwel l ing . I t does manage to separate incompatible land uses, but f a i l s In the r e s i d e n t i a l sec t ion by not a l lowing the developer a chance to design. Also i t does not allow mixing of land uses except from the highest to the lowest, and therefore w i l l i n time succumb to a l l the problems which are associated with t h i s 'pyramid i d e a ' . I t i s to be hoped that when the development plan i s f in i shed the zoning w i l l be changed so that i t can be used to stage and implement the p lan . k9 Example of Subdivis ion Control i n Operation De l t a , B. C. In 1961 Del ta passed i t s present subdiv is ion b y - l a w . ^ The by-law gives the approving o f f i c e r the r i g h t to pass or refuse a subdiv is ion p l an , wi th in the l i m i t s of the Municipal Ac t . The by-law also s t ipula tes the standards which are to be met and requires the subdivider to i n s t a l l the services i n any subdiv is ion of raw land. The by-law has i n the past not worked too w e l l as i s evidenced by the number of serviced but vacant subdivis ions to be found i n the mun ic ipa l i ty . However, a recent court case i n which the approving o f f i c e r withheld approval of a subdiv is ion was upheld i n the courts and i t would seem that subdiv is ion cont ro l w i l l be f a i r l y e f fec t ive i n the future. Once again the b i g problem of administering the by-law has been that i t has not been t i e d to a p l an . Once the development plan i s i n e f fec t , then the approving o f f i c e r ' s job w i l l be s i m p l i f i e d and the subdiv is ion con t ro l by-law w i l l be easier to administer . Since i f there ex is t s a plan then the approving o f f i c e r can show the prospective developer why his plan i s not acceptable i n the l i g h t of future developments. This then w i l l allow the developer to make changes, and see the reason for the changes. Fa i lu re of Neighbourhood Commercial Locations Via Conventional Zoning and Subdivis ion I t was shown i n Chapter I that part of the publ ic in teres t i n neighbourhood commercial centres was. to ensure the i r proper l oca t ion . I t was shown that i f the publ ic in te res t was to be met i t was necessary to integrate the shopping centre with. the neighbourhood. To achieve th i s i n the past , two methods have been r e l i e d upon - zoning and subdiv is ion • c o n t r o l . However, i t must now become apparent that conventional zoning i s not capable of c o n t r o l l i n g the loca t ion of the neighbourhood commercial use. I t has been shown how conventional zoning can ' f reeze ' development that has taken p lace , but i s quite incapable of making development occur. Because of the ease with which zoning can be changed, i t has been shown how i n Del ta instead of promoting shopping centres i n desirable loca t ions , i t i s doing the exact opposite, namely, encouraging ribbon development. Since conventional zoning does not a l low mixed land uses at the s ingle family, l e v e l , i t becomes impossible to design a neighbourhood with the shopping centre as part of the design. Subdivis ion cont ro l i s of course b a s i c a l l y not designed to locate shopping centres, although i t has been sometimes used i n those j u r i s d i c t i o n s where subdiv is ion cont ro l may cont ro l the s ize of an i n d i v i d u a l l o t or the spec i f i c use for which land i s being subdivided. This i s not the case i n B r i t i s h Columbian m u n i c i p a l i t i e s . Therefore since both zoning and subdiv is ion cont ro l have f a i l e d to protect the pub l ic in teres t i n B r i t i s h Columbian suburban m u n i c i p a l i t i e s , other methods and techniques have to be examined. These other methods and techniques w i l l be examined i n Chapter I I I . 51 References ^E. A . Lev in . "Zoning i n Canada", Community Planning Review, V I I , No. 2 (June, 1957), p . 85. 2 Lewis Mumford, The C i ty i n His tory (New York: Harcourt, Brace and World I n c . , 1961), p . 37. 3univers i ty of B r i t i s h Columbia, Planning.and the Law i n  B r i t i s h Columbia (Vancouver, B .C . : . Un ive r s i ty of B r i t i s h Columbia, 1952), Precedent. ^Margaret Helen Werner, "The C o n s t i t u t i o n a l i t y of Zoning Regulat ions, "Univers i ty of I l l i n o i s Studies i n the  S o c i a l Sciences, X I I , No. h (December, 192k), p . 10. ^ I b i d . 6W. L . P o l l a r d , "Outline of the Law of Zoning i n the United Sta tes ," American Academy of P o l i t i c a l and S o c i a l Science, Annals, XLV, P t . I I (May, 193D, P« 19. 7 I b i d . , p . 22 8Hadacheck v Sebastian, 239 U .S. 39h (1915). 9Ambler Realty Company v . V i l l a g e of E u c l i d , 297 Fed. 307 313, 316 (N.D. Ohio, 192l|). I 0 V i l I a g e of E u c l i d Ohio v Ambler Realty Company, 272 U . S . 3 6 5 " ( I 9 2 6 ) > U Berman v Parker, 3l|8 U .S . 26, 75 Sup. C t . 98, 99 L . Ed. 27 (1954). 1 2 0 n t a r i o Statutes , i\ Edward V I I , c. 22, Sec. 19 (190L;), "Municipal Amendment A c t . " ^New Brunswick, Statutes, 2 George V . c.19 (1912). "An Act r e l a t i n g to Town Planning." L ^ A l b e r t a , Statutes, k George V, c . 18 (1913), "An Act r e l a t i n g to Town Planning". ^Mani toba , Statutes, 6 George V, c . l l i j (1916), "An Act r e l a t i n g to Planning and Regulating the Use and Development of Land for Bu i ld ing Purposes." ^Saskatchewan, s ta tutes , 8 George V, c.70 (1917), "Town Planning and Rural Development A c t , 1917." 52 1 7 B r i t i s h Columbia, Statutes , 16 George V, c.55 (1925), "Town Planning A c t " . l 8 I b i d . L 9 B r i t i s h Columbia, Statutes, 6 E l i zabe th I I , c. 1+2, part XXI (1957), "Municipal A c t " . 2 0 B r i t i s h Columbia, Revised Statutes (I960), c . 225, sec. 702. ^ "Land Tenure", Encyclopedia B r i t a n n i c a , 1961 ed . , V o l . X I I I . 22 Marshal l H a r r i s . Or ig in of Land Tenure System i n the  United States (Ames, Iowa: The Town State College Press, 1953), PP« 1+8-149. 23 C harles L . Stewart, "Land Tenure i n the United States wi th Spec ia l Reference to I l l i n o i s " , Un ive r s i ty of  I l l i n o i s Studies i n the Soc i a l Sciences, V . No. 3 (September 1916), I . 2 ^ ¥ . E . Hobbs, "The Suburban Problem of Greater Winnipeg", The Journal of the Town Planning Ins t i tu t e of Canada, I , No. ti (February, 1922). P6 Arthur B. G a l l i o n , The Urban Pat tern (New York: D. Van Nostrand Co. Inc. , 1950), p . 251+. ^Rober t A. Walker, The Planning Function i n Urban Government (Chicago: The Unive r s i ty of Chicago Press , 1 9 5 D , P» 32. 2^Theodora and Henry Hubbard, Our C i t i e s Today and Tomorrow Cambridge, Mass: Harvard Un ive r s i t y Press , 1929), p . 16~5. 2^Urban Land I n s t i t u t e , Density Zoning ("Technical B u l l e t i n " , No. 1+2; Washington, D . C . : Urban Land-Ins t i tu te , J u l y , 1961), p . 3I+. 3 ° I b i d . 3 1 G a l l i o n , p . 17i|-3 2 I b i d . , p . 271 . 3 3 i b i d . , p . 272. 3^Walker, p . 91. 35 F i n a n c i a l Post , March 21, 1959, p . 13. Harold M. Lewis, Planning the Modern C i ty (New York: John Wiley & Sons, Inc. , . 191+9) I I , 106. L e v i n , p . 88. 3^Hon. George Langley, "Remarks at the Closing Dinner". Proceedings of the S ix th Nat ional Conference on Ci ty  Planning, Toronto, May 25 - 27, 19lh* p . 330 ^Canada, Statutes, 31 V i c t o r i a , c. 3 (1867) , " B r i t i s h North American A c t . " ^ ° I b i d . , Sec. 92 ^ B r i t i s h Columbia, Revised Statute ( I 9 6 0 ) , c . 255, Sec. 702. ^ I n t e r n a t i o n a l C i ty Managers Assoc ia t ion , Local Planning . Adminis t ra t ion (Chicago: The Internat ional Ci ty Manager's Assoc ia t ion , 1948), P» 2 5 l . ^•3John W. Reps, "Are Our Subdivis ion Control Laws Adequate", Journal of the American Ins t i tu te of Planners, XX, No. .3. ^Canada, B .N .A. A c t , 1867. ^ O n t a r i o Department of Planning and Development, Subdivis ion  Approval Manual (Toronto: Queen's P r i n t e r , 1958), i . ^ B r i t i s h Columbia, Revised Statutes ( I 9 6 0 ) , c. 155, sec. 711. ^ B r i t i s h Columbia Lower- Mainland Regional Planning Board, Memorandum on Municipal Control of Land Subdivis ion (August 16, 1950), p . 2 (mimeographed). ^ C o r p o r a t i o n of De l t a , B .C . By-Laws. Zoning By-Law No. 1010 (1962). ^ C o r p o r a t i o n of De l t a , B .C . By-Laws. Sub D i v i s i o n By-Law No. 572 (1954). CHAPTER I I I POSITIVE TECHNIQUES OF LAND USE CONTROL Before the pos i t i ve methods of implementation of municipal plans are examined i t must be remembered that i f these techniques are to have t he i r maximum ef fec t , they should be re la ted to a general statement of p o l i c y as to the goals of the munic ipa l i ty . Land use con t ro l s , to be t r u l y p o s i t i v e , must r e f l e c t predetermined aims, otherwise they tend to be purely regulatory i n character and hence are negative i n approach. Idea l ly the predetermined aims of the munic ipa l i ty are expressed i n the form of a development p lan . I t was shown i n Chapter I I how conventional zoning and subdiv is ion control have been unable to implement a suburban mun ic ipa l i t y ' s goals s a t i s f a c t o r i l y because of t he i r negative character. Since i t i s the hypothesis of th i s thes i s : ' that Canadian suburban mun ic ipa l i t i e s should develop a pos i t i ve p o l i c y to cont ro l the loca t ion of neighbourhood commercial cen t res ' , therefore, some of the more pos i t ive methods of land use cont ro l w i l l be examined i n general terms i n t h i s chapter, while i n the f i n a l chapter an attempt i s made to formulate a pos i t i ve p o l i c y by means of which the munic ipa l i ty can implement i t s aims i n regard to the loca t ion of neighbourhood commercial centres. Land A c q u i s i t i o n The munic ipa l i ty can exercise the f u l l e s t cont ro l over land which i t owns, consequently one of the most e f fec t ive methods of land use cont ro l i s to purchase the land. This has been car r ied out by a number of d i f ferent mun ic ipa l i t i e s i n d i f ferent countr ies . To determine the effectiveness of municipal land ownership as a means of land use c o n t r o l , examples w i l l be examined from four countries - Sweden, the United Kingdom, the United States , and Canada. Sweden Sweden has a l imi ted monarchy form of government, and p o l i t i c a l l y the country i s committed to pursue a middle course between pr ivate and publ ic enterprise which means i n effect that there i s both pr ivate and publ ic ownership of land. This was not always the case. I n i t i a l l y Sweden, l i ke other monarchies of Western Europe, d id not subscribe to publ ic ownership of land. However, at the end of the Nineteenth Century Sweden was caught up i n the Indus t r i a l Revolut ion. People began to f lock to the c i t i e s and i n the winter of 1872 the C i ty of Stockholm was faced with the problem of housing a large number of homeless people. At the Government's request temporary houses were provided by the c i t y of Stockholm to shel ter these people, wi th the understanding that these houses were to be vacated the fol lowing spring as the c i t y d id not f ee l i t was i t s duty to provide housing for the homeless. However, the concept of government a id to housing the poor had been introduced. I t was as a resu l t of th is concept of providing houses for the poor that the C i ty of Stockholm i n I9OI4 began to purchase land.^ Although Municipal bu i l d ing laws had been 2 i n effect since 1907 and d id give some planning con t ro l , these laws d id not support the idea of coordinated planning. To solve th i s problem c i t i e s l i k e Stockholm which had already purchased some land now began to acquire as much land as poss ib le . The r e su l t has been that at present Stockholm for example not only owns land i n the c i t y but also most of the surrounding countryside. The actual figures are - land owned by c i t y wi th in c i t y l i m i t s 10,000 hectares out of a c i t y area of 18,000 hectares plus 3 15,000 hectares i n the area surrounding the c i t y . However, municipal ownership of land was s t i l l found to be inef fec t ive i n c o n t r o l l i n g development so i n 191+8 a. statute was passed which not only cont ro l led the loca t ion of development but staging as w e l l . Another aspect of land a c q u i s i t i o n which had to be decided was whether the land should be leased or so ld . I n i t i a l l y , Stockholm had sub-scribed to the p o l i c y of s e l l i n g the land to the pr ivate developer, e spec ia l ly i n the cen t ra l c i t y . However, this was deemed undesirable as cont ro l was los t to the c i t y and today the p o l i c y i s to lease the land on long term leases with the c i t y having the opt ion to re-negotiate at stated i n t e r v a l s . The obvious advantage of the lease i s that i t allows the c i t y to r e t a i n cont ro l of development. Even i f development turns out to be undesirable, there i s always the opportunity to make ' co r rec t ions ' when the' lease lapses or the term of the lease expires . There i s also the advantage that i t enables the c i t y to make long range plans for roads e tc . knowing that ce r t a in lands w i l l become avai lable at ce r t a in dates. That municipal land ownership wi th long term leases has been effect ive In car ry ing out publ ic p o l i c y i s we l l i l l u s t r a t e d from such suburbs as V a l l i n g b y . Here the whole suburb i s ca re fu l ly l a i d out wi th the neighbourhood focusing on the subway s ta t ion and surrounding neighbourhood commercial. There are no c o n f l i c t i n g land uses or problems of premature subd iv i s ion . Therefore, i n Sweden the p o l i c y of c o n t r o l l i n g land uses by municipal land a c q u i s i t i o n accompanied by a p o l i c y of long term leasing of land to developers seems to have been ef fec t ive i n ensuring orderly development. United Kingdom The p o l i c y of land use cont ro l by a c q u i s i t i o n of land i s also found i n the United Kingdom. In fac t , many mun ic ipa l i t i e s have been acquir ing land by various means almost since the time of the i r incorpora t ion . A good example here i s the Corporation of L iverpool which today owns about 2,0% of the land wi th in the c i t y l i m i t s plus a large holding 6 of land l y i n g outside of the boundaries. L iverpool began to acquire land as far back as 1309 when: Thomas, E a r l of Lancaster granted to the burgesses s i x large acres of moss land to the east of the town to be held i n perpetuity subject to an annual payment of s i l v e r penney.7 the land acquired has not been so ld , ins tead, i t has been leased and has enabled the Corporation of Liverpool to carry out a program of development. Another example from the United Kingdom i s the case of the Urban D i s t r i c t of Haltemprice. This is a suburb of the c i t y of H u l l , which just after the Second World War i n order to implement i t s development plan and to ensure proper subd iv i s ion , purchased large amounts of the surrounding a g r i c u l t u r a l land; Development Plans were then drawn up and the land was sold to the i n d u s t r i a l bui lders and developers on the condi t ion that they adhered to the plans . After 19i|7 there was, as a r e su l t of the Town Planning A c t , a decrease in. land a c q u i s i t i o n since the p r i n c i p l e of 'Compensation and Betterment' made purchase of fee simple unnecessary. No doubt the f i n a l repeal of 'Compensation and Betterment' owing to the d i f f i c u l t y of assessing betterment values i n the 1959 Town and Country Planning Act w i l l see a renewal of land a c q u i s i t i o n as a means of land use con t ro l . However, i t must be remembered that land a c q u i s i t i o n i n the United Kingdom has been undertaken on'a small sca le . Where mun ic ipa l i t i e s do own large estates, as i n the case of L i v e r p o o l , i t i s the r e su l t of the purchase of small parcels of land over centuries and because t r a d i t i o n a l l y , once acquired, land was not sold but leased by the munic ipa l i ty . United States M u n i c i p a l i t i e s i n the United States have been prevented from acquir ing land to cont ro l development by v i r tue of the fact that land may only be purchased by a munic ipa l i ty for 9 publ ic purposes. By this i t i s meant that a munic ipa l i ty may purchase land for a c i t y h a l l or a f i r e s t a t ion but i t cannot purchase land for resale or leasing for pr iva te uses. Fol lowing the Second World War there was a change i n p o l i c y . This was i n part brought about by the urban renewal schemes where the Government purchased land and then sold i t after clearance, to the pr ivate developers. Fol lowing t h i s p o l i c y of Government a c q u i s i t i o n of land for urban renewal a few of the States passed enabling l e g i s l a t i o n whereby the i r mun ic ipa l i t i e s can now l e g a l l y acquire land for pr ivate use. The prime example of a munic ipa l i ty purchasing land for pr ivate use i s Mountain Lake Borough, New Jersey. This munic ipa l i ty owns 30% of i t s ent i re area and s e l l s off land only as i t feels i t can e f f ec t i ve ly and economically provide services.*"^ I t would appear that the idea of land use cont ro l v i a land a c q u i s i t i o n i s f ind ing a ce r t a in amount of acceptance i n the States but i t i s hampered by a lack of enabling l e g i s l a t i o n . Canada Canada as usual has followed the middle course between the United Kingdom and the United States. U n t i l recent ly Canadian M u n i c i p a l i t i e s , l i k e the i r American counterparts, were prevented by lack of enabling l e g i s l a t i o n from acquir ing land for pr iva te purposes. However, i n 1955 the Ontario Planning Act was amended and Section 19 of the amended act reads: 60 1) For the purpose of developing any feature of the o f f i c i a l p l an , a mun ic ipa l i t y , wi th the approval of the M i n i s t e r , may at any time and from time to time, (a) Acquire land wi th in the munic ipa l i ty ; (b) Hold land heretofore or hereafter acquired wi th in the munic ipa l i ty ; or (c) S e l l , lease, or otherwise dispose of land so acquired or held when no longer r e q u i r e d . 1 1 While the revised Municipal Act of B r i t i s h Columbia 1957, i n Sec. i | 6 3 reads i n par t : Use Munic ipa l ly owned land for the purpose of providing s i t es for r e s i d e n t i a l , commercial, or i n d u s t r i a l development. 1 2 As a r e su l t of these types of amendments, most mun ic ipa l i t i e s i n Canada today may purchase land for pr ivate use. The effectiveness of land purchase can be ascertained by an examination of those Canadian mun ic ipa l i t i e s which have i n fact acquired land. One of the best examples i s that of the C i ty of Saskatoon, Saskatchewan. This C i ty experienced a land boom i n the ea r ly ' twenties as a resu l t of which a great number of subdivis ions were reg is te red ; however, wi th the advent of the depression most of these reverted to the C i ty for unpaid taxes. A-new boom ensued after the Second World War and Ci ty Counc i l , having learned from the ' twent ies , decided to r e t a i n cont ro l of the land. Therefore the land was sold on a lease-option basis whereby the developer agreed to bu i l d upon the s i t e 13 i n one year. This ensured orderly development and tended to minimize speculat ion. By 1954 the c i t y r ea l i zed that i t would require more land for development so that i n 1955 i t annexed 2,683 acres on i t s fr inges and paid the r u r a l Mun ic ipa l i t y of Cory $100,000 for a loss of revenue and proper ty . 1 ^ In 1957 the Municipal Real Estate Committee f e l t that i t would be necessary to acquire for planning purposes s t i l l more land outside c i t y l i m i t s . Thus i t would appear that Saskatoon has been able to implement i t s plans by means of land a c q u i s i t i o n . Whether i t has been effect ive or not i s hard to judge but Mayor Buckwold's words may sum up the opinion wi th in Saskatoon. Saskatoon's land p o l i c y has been most successful and i s considered one of the major factors i n the rap id development of the c i t y . . . . The p o l i c y has enabled Saskatoon to maintain i t s reputat ion as a we l l planned c i t y and a pleasant place i n which to l i v e and the d iv iden t s , both f i n a n c i a l and aes the t ic , w i l l be reaped by i t s residents for generations to come. 1-5 Another p r a i r i e c i t y which obtained land, i n i t i a l l y by ' a c c i d e n t ' , i s the Ci ty of Edmonton. Here, as i n the case of Saskatoon, the c i t y boundary extended even beyond the boom development of the ' twent ies . The depression saw most of th i s land returned to the c i t y . As there was no market for the land the c i t y could not have disposed of i t , even i f i t had desired to do so. When the land market revived i n 19i|5 a more enlightened counc i l saw the necessi ty of keeping con t ro l . With the cont ro l over land the C i ty Planning Department designed the subdivision, layout, then b u i l t the roads and sold lo ts wi th a bu i ld ing r e s t r i c t i o n . I t enforced the b u i l d i n g r e s t r i c t i o n by refusing to give t i t l e to the land i f the bu i l d ing r e s t r i c t i o n was not complied with.. The r e su l t was found to be such a success that the c i t y now has a pos i t i ve p o l i c y of land acquisition.^"' Another example i s that of the Munic ipa l i ty of Richmond, B . C . , where Council decided that as part of i t s development plan i t required the presence of industry . Therefore Council purchased a sui table s i t e to which i t hopes to a t t rac t Industry. Prom these examples we may conclude that mun ic ipa l i t i e s can implement the i r plans and cont ro l development by means of land a c q u i s i t i o n , although there are ce r ta in problems involved. In the f i r s t instance, land a c q u i s i t i o n i s an expensive propos i t ion and where i t has occurred usual ly i t was a r e su l t of economic factors such as the depression when land reverted to munic ipa l i t i e s v i a tax defaults or else i t has, as i n the case of the United Kingdom, involved r e l a t i v e l y small areas of land. F i n a l l y , although P r o v i n c i a l enabling l e g i s l a t i o n indicates that p o l i t i c a l l y the climate i s more favourable to municipal purchase of land, there i s always the p o l i t i c a l problem of the extent to which government should be involved i n the r e a l estate market. Development Rights Somewhat s im i l a r to the idea of land acqu i s i t i on i s the idea of the purchase of Development Rights . This i s based upon the idea that instead of purchasing the fee simple t i t l e of the land, only the development r igh t s need be purchased as t h i s w i l l very often supply the type of con t ro l that i s required. This whole idea i s possible because land i s not r e a l l y owned as such, instead what i s owned i s a bundle of r i g h t s . No one person ever holds a l l the r igh t s i n land since the Government usual ly re ta ins the r igh t s of taxa t ion , 17 eminent domain and the po l ice power. 'Therefore, i t becomes apparent-' that a munic ipa l i ty should be able to purchase the development r igh t which i s the r i g h t to develop land and just one of a group of r i g h t s . This idea was developed to i t s f u l l e s t i n the United Kingdom under the 191+7 Town and Country Planning Ac t . United Kingdom Although the United Kingdom did have a t r a d i t i o n of land acqu i s i t i on as a means of plan implementation th i s was a r e l a t i v e l y expensive method. I t i s true that by the 1920's the idea that a person's property might be r e s t r i c t e d for the communities' benefit had been accepted provided just compensation was pa id . Here again the problem was that compensation was usual ly calcula ted on the most p rof i t ab le use and as a resu l t was high. The Planning L e g i s l a t i o n had t r i e d to off-se t th i s by al lowing the munic ipa l i ty to c o l l e c t betterment charges. These are the benefits which accrue to the land as a resu l t of development. Unfortunately betterment was d i f f i c u l t to assess and to c o l l e c t . In 191+7 a new i R Planning Act was introduced having a sect ion by which i t was hoped that the problem of Compensation and Betterment could be solved once and for a l l . As i s we l l explained i n the B r i t i s h Information Service B u l l e t i n on Town and Country 19 Planning the idea was to na t iona l i ze development r i g h t s . 6i| The State took over a l l development r igh t s and before anyone could carry out development he had ,to buy back the r igh t to develop by paying a development charge. Owners were to be compensated for the loss of the development values e x i s t i n g i n 19U7 out of a £ 3 0 0 m i l l i o n fund set up for th i s purpose.20 The scheme, although a good one, f a i l e d for a number of reasons. I t d id not as had been hoped stimulate development, ins tead, i f anything, i t slowed i t down. -The charges which had been co l l ec ted from the developer were a l l too often 21 passed on to the consumer i n one form or another and there was found to be the impossible problem of how va lua t ion was 2 2 to be car r ied out. The Act was amended i n 1955 and again i n 1959. The l a t t e r amendment repealed the l imi ted basis of compensation for compulsory purchase l a i d down by the Acts of 19i|7 and 1954 and substi tutes the f u l l open market v a l u e . 2 ^ This i n effect means that the idea of buying only the development r igh t s has been abandoned, although a l l development, wi th ce r t a in statutory exceptions s t i l l requires planning permission. I t would appear from th i s that Compensation and Betterment d id not work i n England though mainly from technica l d i f f i c u l t i e s . I t should be noted however, that even i n the United Kingdom where the p o l i t i c a l climate was such that the Government was w i l l i n g to experiment wi th state con t ro l , Compensation and Betterment was found to be unworkable. Then for Canada where the p o l i t i c a l climate i s against ideas of n a t i o n a l i z a t i o n or state c o n t r o l , th i s technique would be impossible to place into effect . United States Having stated that the idea of development r igh t s i s impossible i n North America i t comes as a surprize that i n a modified form i t does i n actual fact ex is t i n the United States . Cer ta in States have passed enabling l e g i s l a t i o n whereby mun ic ipa l i t i e s can purchase development r i g h t s . These States are C a l i f o r n i a , Maryland, New York and New J e r s e y . ^ I t i s only i n New Jersey that development r igh t can be compulsorily purchased, i n the other three States i t must be with the consent of the owner. The advantage of development r igh t purchase i s that i t enables the munic ipa l i ty to get the control i t wants at a more reason-able pr ice than outr ight purchase. I t i s also more equitable to the property owner than zoning which would remove his r igh t without compensation. Another advantage of development r i gh t purchase is that i t allows the present use to continue u n t i l such a time as some higher use i s deemed advisable . The main use of development r i gh t purchase i n the United States has been connected with the preservat ion of open space and as a means of c o n t r o l l i n g premature subd iv i s ion . The U . S . Navy has been using the purchase of development r igh t to create safety areas around jet bases. ^ Canada I t would appear that at present there i s no enabling l e g i s l a t i o n whereby mun ic ipa l i t i e s could purchase development r i g h t s . What has been t r i e d i n the way of purchasing development r igh t s i s to negotiate wi th the owner of a p lo t of land and place a covenant to run wi th the land as to just how the land i s to be developed. The only problem here i s that i t requires that the land upon which the covenant i s to be placed be contiguous with that of the m u n i c i p a l i t i e s . Another scheme which has been used i n Canada quite e f f ec t i ve ly and i s r e a l l y not purchase of development r i gh t s but rather a mixture of development r igh t s and outr ight purchase i s demonstrated by the Federal Government's purchase of a green be l t around Ottawa. Here the surrounding a g r i c u l t u r a l land was purchased and then leased back to the farmers. The problem here i s that although.over a long period presumably the i n i t i a l cost i s recouped i t does require a large outlay of c a p i t a l which most mun ic ipa l i t i e s do not possess. This problem has been solved i n Quebec Province where the land may be homologated. This process i s w e l l described by M . Rawson i n her a r t i c l e on land expropr ia t ion . She sums i t up as fol lows: In the Province of Quebec the land is 'homologated' by the authori ty concerned (The Province or the Munic ipa l i ty ) by deposi t ing with the Land Regis t ry Office a p lan of the parcels to be affected by a publ ic improvement. The land so homologated must be purchased (at the market pr ice at the date of homologation) wi th in f ive years, or i t must be released from homologation by that t ime . 2 © The advantage of th is system which i s a form of development r igh t purchase i n that the munic ipa l i ty does not have to pay immediately and take over fee simple t i t l e instead i t enables the munic ipa l i ty to purchase land for future use at a reasonable p r ice and to plan development for the future without fear of f ind ing that the development, has been too expensive. The main object ion i s that i t can, i f used i nd i s c r im ina t e ly , become a p o l i t i c a l rather than a ;-; planning t o o l . Another object ion i s that i n the f i n a l analysis homologation does commit the munic ipa l i ty to purchase, a l b e i t that i t i s able to purchase at a more reasonable p r i c e . This does i n effect l i m i t the usefulness of homologation. Land Assembly This i s a much weaker method of land use cont ro l but i t i s an example of a pos i t i ve p o l i c y and should therefore be included. I t has been pointed out by Charles Abrams that one of the major problems of land development i s caused by: The fragmentation of Land holdings, or the mul t ip le ownership of land rendering assemblage di f f icuI t.27; To solve the problem of fragmentation munic ipa l i t i e s i n Canada have used a system of r ep lo t t i ng and land assembly. Land Assembly i s the system whereby the munic ipa l i ty may assemble raw land for housing purposes. The land assembly i s i n i t i a t e d usual ly u t i l i z i n g Section 36 of the National 28 Housing Act which states that the Federal and P r o v i n c i a l Governments may enter into an agreement to provide funds for the assembling of land for housing purposes wi th 75$ of the cost being borne by the Federal Government and 25$ by the P r o v i n c i a l Government. The l a t t e r may pass a l l or part of the cost on to the mun ic ipa l i ty . In recent times land assembly plans have included reservations of land for uses other than housing. Thus i f a shopping centre were to be 68 included as part of a housing development, the land assembly procedure could be used. The advantage of land assembly i s that i t does allow the munic ipa l i ty to i n i t i a t e development by assembling lands into a more e f f i c i e n t s i z e . Replot t ing Rep l o t t i n g , l i ke land assembly, i s based upon the idea of assembling reasonably s ized lo t s of land and to correct i n e f f i c i e n c i e s which may have occurred due to poor subdivis ion layout i n the f i r s t instance. The usual procedure i s that the old p la ts are removed and a new set of p la t s subst i tu ted , the saved land going to the mun ic ipa l i t y . B r i t i s h Columbia, l i ke the other provinces, has enabling 29 l e g i s l a t i o n i n i t s Municipal Act 7 t o carry out r e p l o t t i n g . In B r i t i s h Columbia, before r ep lo t t i ng can be undertaken, consent of 70% of the property owners concerned is required. I f th i s can be obtained the r e p l o t t i n g can be a very ef fec t ive way of implementing municipal p o l i c y . The D i s t r i c t of North Vancouver may be c i ted as an example where a great deal of planning i s done by r e p l o t t i n g . In fact the D i s t r i c t of North Vancouver has used r e p l o t t i n g to locate a neighbourhood shopping centre. The method was that i n the r e p l o t t i n g the road design was coupled with the r e p l o t t i n g of a large piece of land i n such a way that th i s land became desirable as a shopping centre s i t e . This type of r e p l o t t i n g i s only possible i n munic ipa l i t i e s l i k e the D i s t r i c t of North Vancouver where a great deal of presently undeveloped land has had a subdiv is ion pat tern placed upon i t at some time i n the past . In the D i s t r i c t of North Vancouver th i s had occurred i n the 1920's when as a r e su l t of the p r e v a i l i n g land boom land was surveyed, p lo t ted and so ld . When the boom burst most of the land reverted to the munic ipa l i ty -had a l l of i t reverted then of course the munic ipa l i ty 10 could have used the Plans Cancel la t ion Ac t . As i t was, i t rep lo t ted with no d i f f i c u l t y since the munic ipa l i ty represented 70% of the owners. Obviously i f th i s i s not the case the method is s t i l l feasible but much more d i f f i c u l t to e f fec t . The important factor i s that rep l o t t i n g procedures may be used by a munic ipa l i ty to a s s i s t i n the implementation of i t s p lans . Zoning I t was stated previously that zoning was a negative approach to land use con t ro l s , but t h i s is only true for what i s referred to as 'Conventional Zoning ' . There has evolved over the past few years newer techniques of zoning which are of a much more pos i t i ve nature. The basic p r i n c i p l e by which these newer techniques d i f f e r from the older ones is that whereas the o ld techniques were regulatory i n nature, the new ones are permissive. Conventional Zoning stated what could not be done while modern zoning states what i s permissible to be done. F loa t ing Zoning This technique has general app l i ca t ion i n the cont ro l of land uses but i s e spec ia l ly we l l sui ted for the loca t ion of shopping centres. In essence a ' f l o a t i n g zone' i s one which i s not marked upon a map, instead the by-law or ordinance out l ines the type of development for the p a r t i c u l a r zone and then th i s zone may be placed anywhere. The general argument i s that for ce r t a in uses i t i s up to the developer to j u s t i f y the loca t ion and to persuade the c i t y to rezone or i n other words to j u s t i f y the anchoring of the f l oa t i ng zone. I f he i s able to do so to the zoning au tho r i t i e s ' 31 s a t i s f a c t i o n , then they w i l l rezone the area. An example of f l oa t i ng zoning requirements can be seen i n the Tacoma-Washington Ordinance regarding neighbourhood shopping centre zoning which reads i n par t : Submission of a market analysis i s intended to serve as a guide to the C i ty Council and Planning Commission for the evaluation of an app l i ca t ion i n terms of the need or d e s i r a b i l i t y to change the comprehensive zoning plan i n the publ ic in teres t . . . such i n f o r -mation i s further intended to substantiate a f ind ing that the proposed development w i l l promote the general we I f a r e .3 2 The advantage of th i s type of zoning l i e s i n i t s nature. I t solves the problem created by conventional zoning of the uniform zone, since i t allows for mixed land uses. An example here would be the p lac ing of a shopping centre i n a single family r e s i d e n t i a l zone provided, as i n the Tacoma Ordinance, i t was for the general welfare. Another advantage i s pointed out i n the American Society of Planning O f f i c i a l Report on Shopping Centre Zoning which reads i n par t : Having a land use plan does not necessar i ly mean that a proper zoning c l a s s i f i c a t i o n has been established at every loca t ion shown on the p lan . There are many good reasons for not c l a s s i f y i n g land for i t s most intensive use far ahead of the time i t i s ready to be developed for that use. The land use plan and the zoning map must be capable of reasonable adjustment to changing condi t ions .33 The main disadvantage of f loa t ing zoning i s that i t tends to be uncertain i n that residents never r e a l l y know i f a shopping centre would be permitted next door. Also although pos i t ive i n that i t i s not regulatory i t cannot r e a l l y i n i t i a t e development. Development Permit Another type of modern zoning i s the development permit which i n many ways i s s i m i l a r to f l oa t i ng zoning. I t i s used i n Vancouver, B r i t i s h Columbia, and the basic p r i n c i p l e i s that i n any zone two types of uses are recognized, outr ight use and condi t iona l use. The outr ight use means that a developer wishing to develop an outr ight use i n a p a r t i c u l a r zone, simply needs to obtain a b u i l d i n g permit, whereas i f he wishes to develop a condi t iona l use then he must f i r s t obtain permission from the Technical Planning Board. In Vancouver the Technical Planning Board instead of Ci ty Council reviews appl icat ions by vi r tue of the fact that the Vancouver Charter allows the C i ty to delegate th i s power to the Board. I f the Board gives i t s permission to the developer then the development may proceed. The advantage of th is system as pointed out by Mr. G. Fountain, C i ty Commissioner, i s that i t i s a much more pos i t i ve system than the o ld conventional 7 2 zoning by-law. His arguments are that the development permit does not state what is not allowed instead states what i s , and also i t takes cognizance of the fact that modern development i s not of the lo t by lo t va r ie ty but rather a c i t y block at a time. I t then gives the designer a ce r t a in amount of scope and allows for the creat ion of a we l l balanced development while at the same time protec t ing property values. F i n a l l y i t s t i l l leaves a f a i r amount of control wi th the c i t y ' s planning department. The argument against the idea i s that i t does remove dec i s ion making from the Council although presumably th i s need not occur i n other j u r i s d i c t i o n s . I t does create a ce r t a in amount of ' red tape* which can hinder development though i n comparison with the length of time a development e x i s t s , th is i s hardly a fac tor . Once again the development permit zoning does not i n i t i a t e development which i s another of i t ' s weaknesses. There would ce r t a in ly appear to be a use for this type of zoning i n Suburban Mun ic ipa l i t i e s as w e l l as i n the urban areas and i t could be used to express municipal p o l i c y as to the type of development des i red . Density Zoning One of the o r i g i n a l functions of conventional zoning was to ensure not only that incompatible land uses were separated but that each i n d i v i d u a l lo t had su f f i c i en t space around i t . This idea worked so long as people b u i l t a lot at a time though even then there was a tendency for monotony. Today b u i l d i n g techniques are d i f f e ren t , usua l ly a developer w i l l develop a subdiv is ion at a time. Unfortunately conventional zoning regulations do not give him a great deal of leaway to design and the monotonous suburbs are the r e s u l t . I t i s apt ly stated that: Zoning which segregates each type of housing into large uniform d i s t r i c t s may ac tua l ly defeat the aims of neighbourhood planning and good housing Therefore, a more pos i t i ve approach may be found i n Density Zoning. The idea here i s that ce r t a in areas are 'zoned' for ce r ta in dens i t i e s . Thus a munic ipa l i ty can have high density d i s t r i c t s and low density d i s t r i c t s . Within each d i s t r i c t the developer i s allowed to design his subdiv is ion i n any way he desires so long as the desired density i s achieved and municipal regulat ions adhered to . The great advantage of density zoning i s that i t allows the developer a chance to design his subdiv is ion i n such a fashion as to have var ie ty and also i t enables him to provide publ ic open space which i s not possible wi th conventional zoning as the l a t t e r is concerned with lo t by lo t development. Density zoning can therefore be said to be pos i t i ve i n that i t does not t e l l the developer what he should not do, rather i t t e l l s him what i s desired by the munic ipa l i ty and allows him freedom to design to these goals. Control i s s t i l l maintained since the design requires approval of e i ther Counci l or the Planning Board or both. Also i t permits the Council or Planning Department to 'reward' the developer for a good design which i s p ro f i t ab le to both the developer and the p u b l i c . F i n a l l y Density Zoning i s p a r t i c u l a r l y useful i n handling of undeveloped land as i t •can bring out the best i n a new subdivision or large scale project by t r e a t i n g the entire proposal as a single unit and since i t is capable of implementing the most subtle or most courageous comprehensive plan'-* 0 Subdivision Control Subdivision Control has, l i k e conventional zoning, f a i l e d In the past because i t was merely regulatory i n approach. Today more positive p o l i c i e s have evolved concerning subdivision. Probably one of the more po s i t i v e methods i s that practiced by c i t i e s l i k e Edmonton, Alberta. Here the City Planning Department does not wait for the private developer to come along and subdivide the land, instead the Town Planning Department defines neighbourhood areas and produces subdivision designs for them. The obvious objection here i s that i t takes away design r i g h t s from the developer. However, i f i t i s considered just how permanent subdivisions are, then there i s some j u s t i f i c a t i o n for having t h i s done by a professional. Also i t enables the municipality to plan i t s development and prevents a poor subdivision from impeding other land developments. In the past subdivision regulations have l a i d down certain minimum standards which a l l too often become the actual standard of development. A more p o s i t i v e approach would be to have certain minimum standards and bonuses, thus i f the subdivider provides extra off street parking he could be 'rewarded' for instance by being permitted to have a higher density. This 75 idea i s very s imi l a r to the idea of Density Zoning, however, i t must be remembered that wi th modern development methods the l i ne between what i s the concern of zoning and what of subdiv is ion becomes very i n d e f i n i t e . That subdiv is ion can support a pos i t i ve p o l i c y for. land use cont ro l i s we l l summed up i n the Twin C i t i e s Metro Planning Commission Report which says i n regard to the subdivis ion by-law "when used i n con-junct ion wi th we l l formulated community plans for land use, c i r c u l a t i o n , and pub l ic f a c i l i t i e s , these regulatory ordinances become pos i t i ve and constructive tools for develop-ment. "37 Phys ica l Controls Another method of land use cont ro l which has already been mentioned i n part with r ep lo t t i ng i s that of cont ro l by municipal works. The idea here i s that the munic ipa l i ty by the way i n which i t lays out roads and services can and does cont ro l land use. I t i s apparent that i f a p a r t i c u l a r piece of land i s we l l serviced and has a good access road leading to i t , then i t becomes more desirable for ce r t a in uses than others. S i m i l a r l y i f there Is no municipal road g iv ing access to a p a r t i c u l a r piece of land then the land i s not ava i lab le for subdiv is ion or i f subdivided, the costs of providing roads w i l l be excessive. Therefore, by th i s means a munic ipa l i ty may influence land uses and t iming of subdivisions ' wi th in i t s borders. Economic Controls Various types of economic controls for land use e x i s t , the majority of which are based on the idea of making the development of ce r ta in areas more desirable f i n a n c i a l l y than others. Some examples here are: Subsidies Another and more d i r ec t form of economic cont ro l i s the subsidy. In t h i s case the munic ipa l i ty w i l l pay a subsidy to have cer ta in! land uses located i n p a r t i c u l a r areas. The subsidy i s very often not i n terms of cash but rather i n the p rov i s ion of municipal services at reduced rates or even f ree . A good example of 'planning* by subsidy can be had from Cranbrook, B r i t i s h Columbia, where p r a c t i c a l l y a l l ' p lanning ' i s done by th is means. Here i f a developer w i l l carry out development i n accordance with c o u n c i l ' s wishes, then usual ly the munic ipa l i ty w i l l bu i l d the roads or i f not ac tua l ly bu i ld them then surface them at no charge. Thus by th i s economic means the munic ipa l i ty has been able to cont ro l land use. Economic methods are pos i t i ve i n that they do not state what cannot be done, instead by ' f i n a n c i a l reward' they encourage what should be done. Also by r equ i r ing a subdivider to i n s t a l l and finance services i n a subdiv is ion (as i n Ontario) the speculat ion i s minimized and premature subdivions are discouraged. A v a i l a b i l i t y of Finance This i s perhaps not so much a municipal cont ro l of land uses as pr ivate enterprise con t ro l . The p r i n c i p l e here i s 77 that the requirements for obtaining finance for development w i l l influence which areas are to be developed and which are to be l e f t undeveloped. An example here would be the Nat ional Housing Act Loans which cannot be obtained for unsewered l o t s , therefore the a v a i l a b i l i t y of money for sewered lo ts as opposed to unsewered lots make the l a t t e r more desirable for development. S i m i l a r l y the requirements of the f i n a n c i a l houses for f inancing developments have been very ef fect ive i n preventing premature subdiv is ion and speculative shopping centre development. Cap i t a l Budgeting This is the system whereby the munic ipa l i ty decides upon the schedule of improvements i t i s going to carry out. A l i s t of p r i o r i t i e s i s drawn up which r e f l e c t the communities' desires and which the community i s w i l l i n g to undertake now or when f inancing i s ava i l ab l e . Perhaps the best d e f i n i t i o n of the function of Cap i t a l Budgeting i s the one given i n the American Society of Planning O f f i c i a l s ' report on th i s t op ic : Cap i t a l improvement programming i s the v i t a l bridge between the comprehensive p lan and the actual con-s t ruc t ion of publ ic improvements. Because of the great influence that the p r o v i s i o n , nature, and loca t ion of publ ic f a c i l i t i e s have on the pat tern of urban growth, programming i s probably the most important implementation t o o l at the planner 's d i sposa l . Whereas the zoning ordinance and sub-d i v i s i o n regulat ions guide ce r ta in aspects of pr ivate development, the c a p i t a l improvementprogram can have a proport ionately greater impace on urban development since decisions whether ce r t a in improve-ments are b u i l t at a l l are made.39 Capi ta l Budgeting i s not perhaps so important by i t s e l f but becomes important wi th other means of land use con t ro l s . Thus, i f the munic ipa l i ty wishes to acquire land for p lan implementation, then c a p i t a l budgeting w i l l decide when the land i s to be bought and where and when development w i l l occur. However, probably the most important function of c a p i t a l budgeting is that i t i s a p o s i t i v e p o l i c y statement as to just how and when development i s going to take p lace . Thus when the Counci l states that i t i s budgeting for ce r t a in roads for the next f ive years i t i s i n effect s ta t ing that ce r t a in lands w i l l become r ipe for ce r t a in types of development at d i f ferent times over the next f ive years. Suburban Development D i s t r i c t This i s a hypothet ical i dea l suggested by M. Clawson as to how suburban munic ipa l i t i e s could implement the i r plans. ' His idea i s based on the fact that "Suburbs being man made are man cont ro l lable" .^ 1 He feels that the so lu t ion to land use cont ro l i n the suburbs l i e s i n the se t t ing up of a new type of adminis trat ive unit the "Suburban Development D i s t r i c t " . The adminis t ra t ion would be made up of a l l the major in teres t groups of suburban developments such as developers, representatives of the surrounding c i t i e s e tc . The basic objective of th i s adminis t ra t ion would be to ensure that development i s car r ied out proper ly . To do th i s the adminis t rat ion would have to have a l l the powers necessary to implement the i r p l an . They would have f i n a n c i a l a id from senior government to enable them to purchase land using eminent domain where necessary. The big factor here i s that i t i s the interested groups that are the decision makers. Once development i s finished then the development d i s t r i c t would be abolished and handed over to the responsible units of l o c a l government. Clawson feels that the advantage here i s that i t allows concentration of a l l powers upon the one central problem of how land i s going to be developed. This type of concentration cannot be given by a normal municipality which has other outside i n t e r e s t s . The main disadvantage with this idea i s that i t removes control from the elected representatives of the people which i s p o l i t i c a l l y untenable, and also adds another layer of administration. Having now examined some of the more po s i t i v e methods of land use control i t i s necessary to see how they can be applied to control the location of the neighbourhood shopping centre. 80 R e f e r e n c e s *"G. E. K i d d e r - S m i t h , Sweden B u i l d s (London: The' A r c h i t e c t u r a l P r e s s , 1957)» P- 29. 2 I b i d . 3 l b i d . ^Sven M a r k e l i u s , "Urban Land P o l i c i e s " , i n Housing^and Town and Country P l a n n i n g , B u l l e t i n 1 (New Y o r k , 1953), p. 108. % b i d . , p. 109 °Harry T. Hough, "The L i v e r p o o l C o r p o r a t e E s t a t e " , Town  P l a n n i n g Review, XXI ( O c t o b e r , 1950), 237. . 7 I b i d . , p. 239 ^Example c i t e d by P r o f e s s o r J . N. J a c k s o n , A s s o c i a t e V i s i t i n g P r o f e s s o r of Community P l a n n i n g , U n i v e r s i t y o f B r i t i s h C olumbia, 1963. ^ C h a r l e s Abrams, "Urban Land Problems and P o l i c i e s " , i n Hou s i n g and Town and Country P l a n n i n g , B u l l e t i n 7 (New Y o r k , 1953)* l°American S o c i e t y of P l a n n i n g O f f i c i a l s , New Techniques f o r S h a p i n g Urban E x p a n s i o n ( " P l a n n i n g A d v i s o r y S e r v i c e I n f o r m a t i o n R e p o r t " , No. 160;.Chicago, 111.: A.S.P.O., J u l y , 1962), p. 8. U0ntario t S t a t u t e s , i | E l i z a b e t h I I , c. 61 (1955), "The P l a n n i n g A c t , 1955". -L 2 B r i t i s h C o l u m b i a , S t a t u t e s , 6 E l i z a b e t h I I , c. 1+2 (1947), " M u n i c i p a l A c t " . Buckwold, "Land P o l i c y i n S a s k a t o o n " , H a b i t a t , V, No. 1 ' ( J a n u a r y , F e b r u a r y , 1962), 3. ^ I b i d . , p. i | ^ i b i d . , p. $ ^ I n t e r v i e w w i t h B. Weisman, A s s i s t a n t D i r e c t o r of C i t y P l a n n i n g , Vancouver, B.C., F e b r u a r y , 1963. ^ E r n e s t M . F i s h e r and Robe r t M. F i s h e r , Urban R e a l E s t a t e (New Y o r k : Henry Go I t & Co., 1954)» p. 66. : 18 Great B r i t a i n , Statutes at Large, 10 and 11 George V I , c . 51 (19U7). "Town and Country Planning A c t , 191+7"-1 9 Grea t B r i t a i n , Central Off ice of Information, Town and Country Planning In B r i t a i n (London: H .M.S .O . , 1962), p. 6. I b i d . 2 1 T i . J . Nardecchia and David S u l l i v a n , The Town and Country . Planning Act 1959 (London: The Royal I n s t i t u t i o n of Chartered Surveyors, 1959), p . 10. 22 Interview with Professor P. H. White, Chairman of the D i v i s i o n of Estate Management, Facul ty of Commerce and Business Adminis t ra t ion , Un ive r s i ty of B r i t i s h Columbia March 13, 1963. 2 3 Nardecch ia and S u l l i v a n , p . 12. ^American Society of Planning O f f i c i a l s , p . 8 2 £"The C i t i e s Threat to Open Land, "Arch i tec tu ra l Forum, . CVI I I , No. 1. (January, 1958), p.~E8T 2 ^Mary Rawson,. "Land Expropr ia t ion , "Community Planning  Review, X I I , No. 1 (1962), 6. 2 7 Abrams, p • I43 2 8 Canada, Statutes, 9 and 10 E l i zabe th I I , c. 1 ( I 9 6 0 ) , "An Act to amend the Nat ional Housing Ac t , 19^4•" 2 9 B r i t i s h Columbia, Revised Statutes ( I 9 6 0 ) , c. 255. 3 ° B r i t i s h Columbia, Revised Statutes ( I 9 6 0 ) , c. 286. ^Amer ican Society of Planning O f f i c i a l s , Shopping Center  Zoning ("Planning Advisory Service Information Report" No. 128, p t . 1; Chicago, 111. :• A . S . P . O . , November, 1959, p . 21. 32Tacoma, Washington, Ordinances. Zoning Ordinance, No. 14793, (1962). ^Amer ican Society of Planning O f f i c i a l s . No. 128, p t . 1 p. 21. " ^ G . F . Fountain, "Zoning Adminis t ra t ion i n Vancouver", Plan Canada, I I , No. 3 (December, 1961), 116. 3^Urban Land I n s t i t u t e , Density Zoning ("Technical B u l l e t i n No. i|2; Washington, D . C . : Urban Land I n s t i t u t e , J u l y , 1961), p . 27. 82 3 6 I b i d . , p . 7 3 7 T w i n C i t i e s Metropoli tan Planning Commission, "Guide to Subdivis ion Con t ro l , " Local Planning B u l l e t i n , No. 2 ( A p r i l , I960), p . 2 . . Interview with D. K. Naumann Consultant Planner, Vancouver, B. C , January, 1963. -^American Society of Planning O f f i c i a l s , Cap i t a l Improvement  Programming ("Planning Advisory Service Information Report", No. Chicago, 111. : A . S . P . O . , October, 1961), p . 1. ^ M a r i o n Clawson, "Suburban Development D i s t r i c t s " , Journal  of the American Ins t i tu t e of Planners, XXVI, No. 2 (May, I960), 76. ^ 1 I b i d . , p . 70 CHAPTER IV HYPOTHETICAL EXAMPLE AND CONCLUSION The Importance of Correct Locat ion for The Neighbourhood Shopping Centre Urban growth no longer takes place on a lo t by lo t bas i s ; i t happens area by area. In present day prac t ice new r e s i d e n t i a l areas are b u i l t , subdiv is ion by subd iv i s ion , commercial areas are created through shopping centres, i n d u s t r i a l areas are constructed as organized d i s t r i c t s . 1 This out l ines very we l l the changes i n methods of development that have occurred since the Second World War. Thus today subdivisions tend to be developed by whole neighbourhoods at a time. The modern neighbourhoods are 2 dif ferent from the ones envisaged by Perry i n that although the elementary school i s s t i l l perhaps the focus of the u n i t , nevertheless i t s importance is diminished and the neighbourhood shopping centre has become the main s o c i a l focus. This focus however requires two or. three of Per ry ' s neighbourhood uni ts to function proper ly , so that when the term 'neighbourhood' i s used herein i t implies two or three of Pe r ry ' s units focused on a neighbourhood shopping centre. Today the neighbourhood shopping centre i s both a commercial and s o c i a l centre, i t i s perhaps s i m i l a r to the medieval market place where people gathered to do business and exchange ideas. This s o c i a l function can ea s i l y be observed by 83 v i s i t i n g such a centre and seeing the housewives chat t ing to each other and by the fact that notice boards carry items of community in t e re s t . Perhaps the true s o c i a l nature of the shopping centre i s more observable at the larger scale of the Regional Shopping Centre. This centre i s usual ly i n i t i a t e d as a purely commercial enterprise designed to serve the car-using p u b l i c . Soon after opening for business i t becomes evident that the area goes 'dead' at night and that an excel lent off s treet parking f a c i l i t y i s going to waste. To u t i l i z e th i s parking area and to br ing the centre a l i v e at n ight , bowling a l l e y s , theatres e tc . are located i n the centre. Then because there i s both a night and a day trade, ce r t a in businesses such as restaurants locate i n the area to serve th i s market. I t i s not long after th i s that l i g h t industry of the T.V. repair type moves i n and at th i s stage because of a l l the amenities supplied by the centre, the area becomes desirable for high density buildings, whose occupants now have the advantage of walking proximi ty . When th i s occurs the Regional Shopping Centre i s no longer a centre, i t has i n fact become a s a t e l l i t e Central Business D i s t r i c t with a l l the functions of the Central Business D i s t r i c t . I t i s then t r u l y a s o c i a l focus for the region. The neighbourhood shopping centre develops along s imi l a r but not quite so obvious l i n e s . Usual ly after the opening of the centre a Doctor or Dentist w i l l locate the i r of f ices there as wel l as banks and very often there w i l l be a restaurant and frequently a bowling a l l e y i f the centre i s large enough. Perhaps t h i s ro le of the neighbourhood shopping centre being the s o c i a l focus of the neighbourhood is we l l summed up i n Humphrey Carver 's book, " C i t i e s In The Suburbs" i n which he s ta tes : Promotors of shopping centers were the f i r s t to t ry and recapture for the suburbs some of the t r a d i t i o n a l del ights of the c i t y . . . The l o c a l shopping center has asserted a c la im to.be regarded as the true soc i a l focus of the community.3 Having stated that the neighbourhood shopping centre was the true focus of the neighbourhood he went on to s ta te : As populat ion begins to gather i n each new suburban area, the s i t e for i t s foca l center should be prepared with adequate space to receive the pieces i t w i l l contain . . . I t i s therefore axiomatic that i f the s i t es of town centers are to be predetermined by the w i l l of the community through plans made by l o c a l government, the s i t e s must be placed i n publ ic ownership.1* I f i t i s accepted that the neighbourhood shopping centre i s both the commercial and s o c i a l focus of the community, then i t must fol low that i t s loca t ion i s of prime importance to the community. Therefore, i t would seem l o g i c a l for the community to cont ro l the loca t ion of these neighbourhood shopping centres to the extent that i t ensures that the loca t ion w i l l serve the development rather than hinder i t . In Chapter I i t was shown how the safeguarding of the publ ic in teres t requires the correct loca t ion of the neighbourhood shopping centre; how poor loca t ion can upset the street system by making r e s i d e n t i a l streets function as a r t e r i a l s treets and th i s i n turn upsets the loca t ion of schools. The badly located neighbourhood shopping centre from the publ ic viewpoint may be a cause i n the depreciat ion of ce r t a in property values, since i f i t i s poorly located, ce r t a in areas may be denied shopping f a c i l i t i e s which w i l l then tend to make these areas undesirable. Should development have already occurred, then the poorly located neighbourhood shopping centre may upset the centre of gravi ty and s p l i t a we l l planned development into two poorly re la ted developments. The importance of the locat ion of neighbourhood shopping centre s i tes i s perhaps best shown by the fact that the supermarket chains, which are usual ly the main tenants of a neighbourhood shopping centre very often go out and purchase s i t es far i n advance of development. They w i l l even go as far as to develop the s i t e and operate at a loss merely to ensure that they and not the i r competitors obtain the correct s i t e . Therefore, i t can be concluded that the loca t ion of the neighbourhood shopping centre i s of consequence to both the developer and the mun ic ipa l i ty . The M u n i c i p a l i t i e s ' At t i tude In The Past The fo l lowing statement of E . Horwood we l l i l l u s t r a t e s the m u n i c i p a l i t i e s ' past a t t i tude towards the neighbourhood shopping centre: In few aspects of i t s operation has municipal planning effort been more frustrated than i n the governing of the loca t ion of these f a c i l i t i e s . S i m i l a r l y one of the most uncertain factors for shopping center developers i s the publ ic p o l i c y or lack of i t r e l a t i v e to t he i r ventures. This lack of any d e f i n i t i v e p o l i c y stems from the fact that what p o l i c y d id ex is t was negative i n character and was con-cerned mainly with the lo t by lot development of the ' twenties , whereas shopping centres are a r e l a t i v e l y new means of commercial enterprise and r e a l l y only made the i r appearance i n Canada after the Second World War. Just after the war, when these shopping centres began to make the i r appearance, the mun ic ipa l i t i e s were caught ' o f f ba lance ' . There was not at that time any appreciat ion of the type of influence that t h i s new type of merchandising would have on the community. I t i s perhaps only i n the l a t t e r years of the 1950's that the r e a l influence of the neighbourhood shopping centre was r e a l i z e d and i t i s of in te res t to note that there i s a great deal of change i n shopping centre standards for developers as l a i d down by Homer Hoyt between the early f i f t i e s and the late f i f t i e s . This f i e l d has s t i l l great scope for further research and the actual effect of the neighbourhood shopping centre i n more quant i ta t ive terms could be inves t iga ted . The m u n i c i p a l i t i e s ' lack of a pos i t i ve p o l i c y for con-t r o l l i n g the loca t ion of the neighbourhood shopping centre i s p a r t l y due to the fact that the planners at f i r s t d id not r e a l l y wish to handle th i s problem u n t i l they knew more about i t and there has been a tendency to t ry to cope with th i s new phenomenon with the ' o l d t o o l ' of conventional zoning. As i s stated i n the American Society of Planning O f f i c i a l s ' Report on Shopping Center Zoning: Planning Agencies have been reluctant to pin-point locations for shopping centers because i t i s d i f f i c u l t to t e l l before development occurs which of many possible s i tes ' w i l l be chosen by the developer. This would seem to r e f l e c t an a t t i tude that i n i t i a t i v e res ts s o l e l y with the developer and that a l l the planning agency should do i s to t r y and f i t his plans to those of the developer when he f i n a l l y makes up his mind. This p r e v a i l i n g a t t i tude i s due pa r t ly to the fact that mun ic ipa l i t i e s have not shown the type of pos i t ive leadership required. There has been i n the past the a t t i tude that l o c a l government should only provide the service asked for by the c i t i z e n s and nothing more. This a t t i tude i s we l l re f lec ted i n the negative p o l i c y of mun ic ipa l i t i e s characterized by conventional zoning and subdiv is ion control which s a t i s f i e s nei ther the developer nor the mun ic ipa l i ty . Because today the loca t ion of the neighbourhood shopping centre i s no longer of the ' h i t or miss ' method of the early f i f t i e s but rather i s a highly s c i e n t i f i c process, there i s no reason why mun ic ipa l i t i e s cannot take the i n i t i a t i v e for the i r l oca t ion . E . Horwood sums th i s up by saying: A Planning analysis could be made by the publ ic planning s t a f f to determine both the number and approximate locations of the community shopping centers required . . . The publ ic study might be more sens i t ive to the s o c i a l costs of one s i t e above another, that i s i t would consider t r a f f i c improvements, schools, parks, and other publ ic f a c i l i t i e s e i ther competing for the same s i t e or located i n the immediate v i c i n i t y .7 On these grounds i t would seem more reasonable for the munic ipa l i ty to take the i n i t i a t i v e and select the s i t e . The common argument against municipal involvement i s that a developer i s being asked to invest i n a s i t e chosen for him, which r e a l l y means that decis ion making and f i n a n c i a l r e s p o n s i b i l i t y are i n separate bands and th is i s considered undesirable. The answer here i s that provided the munic ipal i ty has car r ied out the survey accurately or hired consultants to do the job, there i s no reason why the i r s i t e se l ec t ion should be any d i f ferent from that of the developers, wi th the exception that of a possible three s i t e s the munic ipa l i ty w i l l choose the best from the pub l i c in teres t viewpoint. Another reason why munic ipa l i t i e s i n the past have avoided involvement i s the fear of being accused of creat ing and supporting a monopoly. Since i f the munic ipa l i ty only allows one neighbourhood shopping centre per neighbourhood, i t i s creat ing a monopoly. This fear i s b a s i c a l l y unfounded as by nature shopping centres are monopolistic whether founded by munic ipa l i t i e s or pr iva te enterpr ise . There i s no competition allowed wi th in the centre and after loca t ion i t i s very u n l i k e l y that a competing centre would open a short distance away even i f permitted. However, besides these fac t s , the munic ipa l i ty can j u s t i f y i t s stand on the argument that the neighbourhood shopping centre i s akin to a publ ic u t i l i t y and only so many can be allowed. Therefore the m u n i c i p a l i t i e s ' past a t t i tude must change to meet the challenge of the changing system of development and the new patterns of urban development produced by the automobile. 90 M u n i c i p a l i t i e s Must Have Pos i t i v e P o l i c i e s Reflected By Development I t must be r e a l i z e d that for a municipality to have a p o l i c y either p o s i t i v e or negative which i s not related to 8 a development plan i s almost equal to having no policy at a l l . The need for having a development plan is especially important i n Suburban M u n i c i p a l i t i e s i f the Council i s going to be able to formulate any meaningful p o l i c i e s as to how future urbanization w i l l take place. I t has been seen how i n the past i n the absence of any d e f i n i t e p o l i c y geared to a development plan developers interested only i n their own gains have been able to go out and subdivide land without any thought to the municipality's needs. The resultant chaos has f i n a l l y convinced most municipalities that the Laissez-Faire system could no longer be allowed to continue and therefore various regulations have been passed which prevented the worst from happening but did nothing p o s i t i v e to encourage good development'. Today the r e a l i z a t i o n i s growing that t h i s i s not good enough and that municipal government must show i n i t i a t i v e and leadership. I t i s true that municipal government i n the Canadian context"should not compete with private enterprise but t h i s does not mean that government should renege i n i t s duty to protect the public interest. Local Councils as representative of the people must show leadership which i n turn means having po s i t i v e p o l i c i e s . The usual procedure for a council wishing to provide leadership i s to have a development plan drawn up 91 which w i l l sa t i s fy the mun ic ipa l i t y ' s goals. Under the democratic system th i s i s presented to the c i t i z e n s for t he i r approval, then i t i s used, as a guide for the formulation of p o l i c y . The importance of having such a development plan i s that i t means that counci l has taken the f i r s t p o s i t i v e step and made a de f in i t e dec i s ion . There i s no compunction to s t i c k to the p l an , i n f ac t , i t i s more than l i k e l y that changes w i l l have to be made as goals and e x i s t i n g conditions change but i t i s only possible to change i f i n i t i a l l y some decis ion was taken. The development plan should not be confused with the o f f i c i a l community plan which i n B r i t i s h Columbia has a s t r i c t legal connotation. A - B r i t i s h Columbian Munic ipa l i t y which adopts an o f f i c i a l community 9 plan i s then according to the Municipal Act l e g a l l y bound to have no p o l i c y which goes against the p l an , although there i s no inducement to implement the p l an . This r i g i d i t y has meant that to date only one munic ipa l i ty i n the Province has adopted an o f f i c i a l community plan and even then only for a small sect ion of the m u n i c i p a l i t y . ^ Once a development plan has been adopted, then even such negative approaches as conventional zoning and subdiv is ion cont ro l become more meaningful and i n fact may become useful tools by freezing development before and after the plan has been implemented. I t i s apparent that ce r t a in aspects of the development plan are going to have more of an impact than others. I t has been shown that for the orderly development of r e s i d e n t i a l areas i t i s necessary to have the neighbourhood shopping centre cor rec t ly located. Therefore once the Council has reached a dec is ion as to just how the munic ipa l i ty w i l l be developed and has determined as a r e su l t where the neighbourhood shopping centres are to be located, then i t i s necessary to ensure that the plan is implemented. Conventional Zoning and Subdivis ion cont ro l have f a i l e d i n the past and therefore the more pos i t i ve methods should be t r i e d . • Pos i t i ve Methods of Plan Implementation In order to be able to understand just how effec t ive some of these pos i t i ve methods of plan implementation might be, they w i l l be examined i n r e l a t i o n to just how they could be made to work i n the case of Del ta M u n i c i p a l i t y . I t must be remembered however, that the arguments put for th for each method would have equal v a l i d i t y i n other Canadian suburban m u n i c i p a l i t i e s . De l t a , B r i t i s h Columbia, as stated previously i s a t y p i c a l suburban munic ipa l i ty located about 3 0 miles south of Vancouver, B .C . I t i s mainly a g r i c u l t u r a l although i n 1959 i t experienced a land boom which has since collapsed leaving behind a host of unfinished subdivisions which have a l l the services inc luding roads but no houses. As a resu l t Council r e a l i z ed that something would have to be done and the f i r s t step was to have a development plan prepared. Simultaneously, while the plan was being prepared, the e x i s t i n g land uses were ' f rozen 1 by the use of conventional zoning so that development was stopped u n t i l the plan i s prepared. Once the plan i s 93 prepared and adopted the question w i l l a r i se as to just how I t may be implemented, e spec ia l ly i n regard to the loca t ion of the neighbourhood shopping centres which i t has been shown are the key to orderly development. Land Purchase The best poss ible method for neighbourhood shopping centre loca t ion would be for the munic ipa l i ty to go and purchase the desired s i t e . There are a great number of advantages to be gained from th is ac t ion . In the f i r s t instance i t indicates that the munic ipa l i ty has 'made up i t s mind' and i s showing i n i t i a t i v e i n t r y i n g to get i t s plan implemented and has made a de f in i t e and pos i t i ve step. A la ter counc i l might change i t s mind and perhaps use the land for some other purpose but once a dec is ion was taken i n i t i a l l y any change i s harder to make and requires more ' thought ' , e spec ia l ly i f i t means going against a previously accepted development p lan . The second great advantage to be had from s i t e purchase is that i t gives the munic ipa l i ty the • greatest amount of cont ro l as to just how development can take p lace . Another advantage i s that i t enables the neighbourhood shopping centre to be b u i l t upon a sui table s i t e ; the developer does not have.to seek a piece of land large enough for his enterprise i n one ownership since municipal land purchase gives him a good s i t e i n the correct loca t ion and i n s ingle ownership. There are, however, a number of problems re la ted to s i t e purchase most of which can be overcome. One of the main arguments against municipal purchase of the neighbourhood shopping centre s i t e i s the cost involved and the fact that most suburban mun ic ipa l i t i e s cannot afford to have large amounts of c a p i t a l t i ed up i n land. There are two possible solut ions to th i s problem bearing i n mind the fact that most of the land i n suburban mun ic ipa l i t i e s i s a g r i c u l t u r a l by d e f i n i t i o n . The f i r s t so lu t ion is to buy the land and then lease i t back to the owner u n t i l required by the mun ic ipa l i t y . This cuts down p a r t l y on the cost i n that i t i s being paid for and of course the lease i t s e l f has market-able value. The second so lu t ion i s for the munic ipa l i ty to buy the s i t e , place a covenant as to how the land is to be used and then r e s e l l i t . This means i n effect that the munic ipa l i ty i s buying the development r i g h t s . I f the munic ipa l i ty has gone and purchased the s i t e as a means of implementing i t s development p lan , the next problem which a r i ses i s whether the land should be sold or leased and whether or not the developer should be the munic ipa l i ty or pr ivate enterpr i se . The answer to th i s cannot be de f in i t e since there are p o l i t i c a l impl icat ions involved. However, taking into considerat ion the p r e v a i l i n g a t t i tude i n Canada that government should not compete with pr ivate enterpr ise , therefore the munic ipa l i ty should not act as a developer. Whether the land should be sold or leased i s perhaps easier to answer i n that there are a large number of advantages to be had from leas ing . By leasing the land the munic ipa l i ty can r e t a i n the greatest amount of control. Leasing also has the advantage that when the lease expires then the land returns to the municipality which at that time may f i n d some better use for the s i t e . The leasing system also has the added advantage that the increase i n land values through public action can to some extent be recouped by the municipality. Delta Municipality which does not have a large s t a f f would probably lease the s i t e on a percentage of gross rental basis and presumably have a f i v e year r e v i s i o n clause. This type of lease involves the municipality i n the least amount of management and.the r e v i s i o n clause would enable Delta to obtain any increase i n land value due to public action. M u n i c i p a l i t i e s able to afford a large s t a f f could perhaps arrange other leases which would be more profitable but require more management. One of the disadvantages of s i t e purchase i s that purchase by i t s e l f does not guarantee that development w i l l take place or that i t w i l l take place on the s p e c i f i c s i t e rather than some other. This i s , of course, where the p o s i t i v e p o l i c y comes i n , s i t e purchase implies that the council has made the decision that the p a r t i c u l a r s i t e i s the desirable one for neighbourhood shopping centre location. This decision was taken a f t e r careful analysis and therefore the s i t e i s one of perhaps three possible choices, two of which were eliminated because of c o n f l i c t with the public i n t e r e s t . Council i s therefore perfectly j u s t i f i e d i n backing i t s decision by a l l the tools at i t s disposal. I t i s now that conventional zoning becomes an e f f e c t i v e tool as i t can be used to prevent development other than i n the desired loca t ion . The old weaknesses of conventional zoning are no longer apparent since once counci l i s committed to a pos i t ive p o l i c y and i s using zoning as a means of implementation, i t i s u n l i k e l y to rezone haphazardly. There i s , however, the problem of competition from beyond the municipal boundary, however, i f the development i s designed properly th i s can be reduced to a minimum. The problem of t iming the development i s not as problematic as i t might f i r s t appear, since i f the analysis was co r rec t ly made then even i f at present the s i t e i s not r ipe for development presumably i t w i l l be at a future date, provided the plan i s adhered to . The question of monopoly has already been discussed but i t i s perhaps of in teres t to add that when a pr ivate developer bu i lds a whole neighbourhood and he includes a neighbourhood shopping centre as part of the development there i s r a r e l y heard the ' c r y of monopoly'. The question might we l l be asked why then should the cry be ra ised when the munic ipa l i ty i s carrying out the same ac t ion . In ac tual prac t ice the pr iva te developer may be more monopolistic since he may have an agreement with ce r t a in na t iona l chains and w i l l only allow the i r p a r t i c u l a r stores to locate i n his development. Presumably the munic ipa l i ty w i l l pa r t ly solve this by l e t t i n g the s i t e by tender. F i n a l l y i t must be remembered that although neighbourhood shopping centres are monopolistic by nature, t he i r monopoly i s b a s i c a l l y that of convenience. Should the stores i n the centre not provide the services desired by the residents, then presumably the residents w i l l drive the extra half mile to the next neighbourhood centre u n t i l such a time as proper service i s given. There are numerous examples of neighbourhood shopping centres which have f a i l e d because the tenants did not supply the required services. However, once there i s a r e a l i z a t i o n by the store-keeper that location does not give a complete monopoly and the stores are run as i f there were competition providing reasonable service, then these unsuccessful neighbourhood shopping centres come to l i f e and prosper. F i n a l l y there i s the basic p o l i t i c a l question of whether Suburban Mu n i c i p a l i t i e s should get involved i n the Real Estate Market. Before 1955, th i s question could not have been asked since most Provinces did not have enabling l e g i s l a t i o n by which a municipality could purchase land for other than public use. The fact that Provinces have passed permissive l e g i s l a t i o n would indicate that the p o l i t i c a l climate is changing i n favour of t h i s type of involvement. Therefore i t would be p o l i t i c a l l y possible but d i f f i c u l t for Delta Municipality to implement i t s plan for neighbourhood shopping centre location v i a land a c q u i s i t i o n . Land Assembly and Replotting Should Delta not wish to get involved i n land purchase i t could very e f f e c t i v e l y implement i t s plan by means of land assembly and r e p l o t t i n g . This would be especially e f f e c t i v e i n Delta due to the presence of premature sub-div i s i o n s especially where the roads had not been constructed r e p l o t t i n g would be the most e f f ec t ive . The idea here would be that i n the process of r e p l o t t i n g the neighbourhood shopping centre would be considered and a sui table piece of land would be assembled. The new. road lay-out would then be used to increase the d e s i r a b i l i t y of the s i t e and i t could further be 'strengthened' by conventional zoning. Where the roads do e x i s t , these would have to be worked into a large design and perhaps the land assembly sect ion of the National Housing Act could be u t i l i s e d to assemble enough land to make the design r e a l i s t i c . Under these conditions the munic ipa l i ty could .locate the neighbourhood shopping centre as part of the o v e r a l l design. This method i s of course not as de f in i t e as land purchase and can only be applied to s i tua t ions l i k e those of Del ta where premature subdiv is ion has occurred. Zoning I t was stated e a r l i e r that ce r t a in of the zoning techniques are of a pos i t i ve nature, although not as pos i t ive as that of land a c q u i s i t i o n . One method by which Del ta could implement i t s development plan i n regard to neighbourhood shopping centre loca t ion could be the use of ' f l o a t i n g zon ing ' . The advantages with th i s technique are that the cost of the analysis i s l e f t to the developer while the cont ro l of the loca t ion s t i l l rests with the mun ic ipa l i t y , since the developer has to show that his proposed s i t e f i t s into the development plan of the munic ipa l i ty and is economically f eas ib le . The problem here is that the i n i t i a t i v e res ts with the entrepreneur and there i s no guarantee that development w i l l take place, whereas with land a c q u i s i t i o n the municipality i s i n a better p o s i t i o n to go out and find a developer. Development and control of location can be further encouraged and strengthened by the judicious use of public works. Thus a system of roads w i l l help determine just where the f l o a t i n g zoning should be 'anchored' and at the same time increase the po t e n t i a l for development. F i n a l l y one other great advantage of f l o a t i n g zoning i s that i t indicates that Council has reached a decision as to the type and function of the neighbourhood shopping centre and therefore i t s location. The other type of po s i t i v e zoning that could be adopted by Council would be that of 'Density Zoning'. Here the development plan would have the municipality divided up into d i f f e r e n t density zones. The developer would then be given a free hand to design to the density of his area. Under this system the location of the neighbourhood shopping centre would be the r e s p o n s i b i l i t y of the designer. The municipality would only have to ensure that i t f i t t e d i n with the o v e r a l l design which i t would do before giving approval. The advantages of this system would be that since the neighbourhood shopping centre i s part of an o v e r a l l scheme i t i s reasonable to expect that the designer has given considerable thought as to i t s location within the development even i f not i n regard to the area outside the development. The fact that the municipality has a po s i t i v e p o l i c y i s appreciated by the designer since i t means that i f the scheme i s accepted there LOO i s LittLe Likeiihood of allowing other development to arise which might upset the centre of gravity of the design. This i n turn means that the s i t e of the shopping centre has increased value as now the developer can guarantee a location mo nop o l y . Economic Methods Should the municipality decide that the aforementioned methods are for various reasons undesirable i t can s t i l l impLement i t s pian but perhaps not as e f f e c t i v e i y , by the use of economic methods., The techniques of public works and c a p i t a l budgeting have already been mentioned and i t has been shown how they are r e a l l y only e f f e c t i v e when ti e d to some other method such as zoning or land a c q u i s i t i o n . Although as P. Williams has pointed out: For good or for i l l as soon as two roads of a given width cross at a given place and angle and a bu i l d i n g starts at the intersection important features of the future community, i t s l i f e and growth have been care-l e s s l y perhaps but i n a l l p r o b a b i l i t y irrevocably f i x e d . l i so that public works does have a very marked influence. However, where this technique by i t s e l f i s inadequate i s that there i s nothing preventing the developer bu i l d i n g away from the desired s i t e even i f i t means the construction of an access road, although this i s un l i k e l y since i f the developer does not carry out a reasonable analysis of the s i t e and cannot prove that his choice i s reasonable from accepted s i t e location i d e a l s , then he may find d i f f i c u l t y i n r a i s i n g c a p i t a l for his venture. Also Council i s much less l i k e l y to 101 rezone i f i t can back i t s re fusa l with the fact that the proposed s i t e i s weak i n r e l a t i o n to roads and serv ices . Other economic incentives such as tax rebates and subsidies could be t r i e d although Council may have d i f f i c u l t y i n j u s t i f y i n g a subsidy or tax rebate for a neighbourhood shopping centre. This prac t ice i s acceptable as a means of a t t r ac t ing industry which w i l l provide jobs but has as yet not received wide acceptance for commercial enterprise except perhaps i n the case of the regional shopping centres. However, Council could use quite e f f ec t i ve ly the system of i nd i r ec t subsidy such as road bu i l d ing or surfacing or the p rov i s ion of services at reduced rates i f the developer w i l l locate according to Counc i l ' s wishes. The disadvantage with economic controls i s that they are not r e a l l y pos i t ive enough and there i s not r e a l l y enough cont ro l to ensure proper loca t ion . Although here again, i f the munic ipa l i ty has made the o r i g i n a l choice of the neighbourhood shopping centre c o r r e c t l y , there should r e a l l y be no c o n f l i c t between the developer and the mun ic ipa l i t y . These then are some of the ways i n which Del ta or a suburban munic ipa l i ty l i k e i t could implement i t s p lans . The important fact which can be noted throughout i s that pos i t i ve methods per se are not enough, they must be geared . to an o v e r a l l pos i t i ve p o l i c y and only then w i l l the munic ipa l i ty be able to get the type of development i t des i res . Conclusion The suburban munic ipa l i t i e s of Canada are today facing the problem of rapid urbanizat ion. This urbanizat ion i n the suburbs has been caused by a var ie ty of factors - increased population i n the core c i t y , congestion, and a desire to own a s ingle family residence which i s only possible for a large f r ac t ion of the population i n the suburbs because of the high cost of land i n the c i t y . The suburban mun ic ipa l i t i e s have not been able to cope with th i s sudden i n f l u x of population and have f a i l e d to give leadership to provide adequate land use controls so that the new suburbanites could be absorbed i n an orderly fashion. The resu l t of th i s lack of leadership has been the 1 chaos' which i s to be found i n so many Canadian suburban m u n i c i p a l i t i e s , premature subdiv is ions , lack of adequate se rv ices , schools e tc . In some parts of Canada th i s chaos reached such proportions that p r o v i n c i a l governments were forced to step i n and suspend some of the functions of l o c a l government, at least u n t i l some type of order could be restored. The question which i s asked i s why have the suburban munic ipa l i t i e s f a i l e d i n the i r duty to provide leadership and i n i t i a t i v e . There appear to be a number of reasons such as the one frequently stated that b a s i c a l l y i t i s not the duty of l o c a l government to do anything beyond providing services although probably one of the basic reasons i s that the suburban munic ipa l i t i e s never had any de f in i t e p o l i c y . Local government has r e l i e d heavi ly on conventional zoning 103 and used this technique as t h e i r main means of control without gearing i t to any d e f i n i t e p o l i c y although after a few disastrous subdivisions, subdivision control was added. These means of control r e f l e c t e d the general attitude of suburban municipalities namely that t h e i r duty lay i n regulating and not i n i n i t i a t i n g . This attitude might have been r e a l i s t i c had not methods of development changed after the Second World War whereupon the suburban m u n i c i p a l i t i e s , l i k e the urban mu n i c i p a l i t i e s , found themselves i n the pos i t i o n of trying 'tp'-control development by techniques which were geared to a lot by lot system of development rather than a subdivision by subdivision. As was to be expected t h i s resulted i n a breakdown of effective control as is witnessed by the mile after mile of monotonous housing developments and premature subdivisions which are so c h a r a c t e r i s t i c of the suburbs. Another problem was that after the war the automobile became the standard method of transportation and i n response to this marketing methods changed from the s t r i n g development of the streetcar days to the shopping centre which was purely automobile oriented. However, the old regulatory techniques did not take this into account and continued the u n r e a l i s t i c p o l i c y of segregating the commercial from the r e s i d e n t i a l and thus furthering the chaos, for the shopping centre i s r e a l l y not only the commercial focus of the new development but also i t s s o c i a l focus. I t i s only recently that municipalities have begun to r e a l i z e just how important i t i s to have an integrated development which cannot be 10i| r e a l i z e d without a positive p o l i c y . Today as a result of the mistakes of the past, there i s beginning to be a r e a l i z a t i o n that something must be done and that suburban municipalities must face up to the challenge of l i k e l y future urbanization. This can only be done i f the suburban municipalities are w i l l i n g to plan. The.municipalities must, i n the public i n t e r e s t , determine just how development i s going to take place and then must go ahead and ensure that their plans are implemented. There are many d i f f e r e n t facets of plan implementation and t h i s thesis has just touched upon one, namely that of neighbourhood shopping centre location. Since t h i s i s one of the key land uses, i t i s imperative that the municipality ensure i t s correct location by purchasing the s i t e . I t has been shown how other methods are a v a i l a b l e , however, none of them are quite so e f f e c t i v e and p o s i t i v e as s i t e purchase. This idea has been shown to be both p r a c t i c a l l y and p o l i t i c a l l y feasible and indicates conclusively that the municipality i s pursuing a positive p o l i c y . I t has been shown that the c o n f l i c t s which occur i n suburban development between the developer and the municipality are not the result of having a positive p o l i c y but rather the lack of one. I f the municipality f u l f i l s i t s duties and provides leadership, then there i s no reason why the developer and the municipality should be i n c o n f l i c t . In the f i n a l analysis the aim of both developer and l o c a l government i s to maximise available resources and i n theory i f both carry out t h e i r development i n a positive fashion t h i s should indeed occur. However there i s a c e r t a i n amount of f r i c t i o n which can be overcome by ensuring that such key functions as neighbourhood shopping centres are correctly located, and therefore i t i s considered reasonable to conclude: "That Canadian Suburban Munic i p a l i t i e s should develop a po s i t i v e p o l i c y to control the location of neighbour-hood Commercial Centres". 106 References ^Urban Land I n s t i t u t e , Density Zoning ("Technical B u l l e t i n " , No. i+2j Washington, D.C.: Urban Land I n s t i t u t e , July,.. 1961), p. 5. p For a good account of Perry's Neighbourhood Concept see Chapter IT of James Dahir, The Neighborhood Unit Plan (New York: Russell Sage Foundation, 191+7), PP» 16-26. ^Humphrey Carver, C i t i e s i n the Suburbs (Toronto: University of Toronto Press, 1962), p. 73 . ^ I b i d . ^Edgar M. Horwood, "Public Po l i c y and the Outlying Shopping Center," Journal of the American I n s t i t u t e of Planners, XXIV, No. 1+ ( 195D 1 ), P. 2 1 5 . ^American Society of Planning O f f i c i a l s , Shopping Center Zoning ("Planning Advisory Service Information Report", No. 128 pt. 1 Chicago, 111.: A.S.P.O., November 1 9 5 9 ) , p. 11. ^Horwood, p. 2l8 ^The development plan is to be considered as a generalized plan and report o u t l i n i n g the municipalities goals. 9 B r i t i s h Columbia, Revised Statutes (I960), c. 2£8, Sec. 679. 1 0 0 n l y the Municipality of the Corporation of the D i s t r i c t of West Vancouver has adopted an O f f i c i a l Plan.and then only for Horseshoe Bay. ^Frank B. Williams, The Law of City Planning and Zoning (New York: The MacMillan Company, 1922), p. 3 . BIBLIOGRAPHY BOOKS Carver, Humphrey. C i t i e s i n the Suburbs. Toronto: The University of Toronto Press, 1962. Chapin, Stuart P. J r . Urban Land Use Planning. 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("Urban Land I n s t i t u t e : Technical B u l l e t i n " , No. 1+2. )Washington, D.C.: U.L.I., July, 1961. V e i l l e r , Lawrence. "Protecting Residential D i s t r i c t s " , i n Proceedings of.the Sixth National Conference on-City Planning at Toronto, May 25-27, 19H4 (Boston: The University Press, 191ij), 92-133. Voorhees, Walker, Smith, and Smith, Zoning New York C i t y . (Summary). Mimeo. Werner, Helen Margaret. "The Co n s t i t u t i o n a l i t y . o f Zoning Regulations", University of I l l i n o i s Studies i n the  Social Sciences, X I I , No. U (December, 192U), 1-53. Whyle, William H. J r . "Urban Sprawl" Fortune, (January 1958) Reprint. Williams, Norman J r . "Land Use Zoning", An Approach to  Urban Planning, ed. Gerald Breese and Dorothy E. Whiteman (Princeton, N. J.: Princeton University Press, 1953), I I I , 38-53. Public Documents B r i t i s h Columbia. Revised Statutes. 9 Elizabeth I I (I960). Vol. I I I . Other Sources Personal interview with Mr. T. D. Heaver, "instructor, D i v i s i o n of Estate Management, Faculty of Commerce and Business Administration, University of B r i t i s h Columbia, January, 1963. . Personal interview with Mr. ¥. T. Lane, Municipal S o l i c i t o r , Richmond, B.C.,. March, 1963. Personal interview with Mr. B. Weisman, Assistant Director of City Planning, Vancouver, B.C., February, 1963. Personal interview with Professor P. White, Chairman of the D i v i s i o n of Estate Management, Faculty of Commerce and Business Administration, University of B r i t i s h Columbia, March, 1963. 

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