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Land use contract : its validity as a means of use and development control Porter, Brian John

Abstract

Since the introduction in early 1971 of the Land Use Contract - S. 702A of the B.C. Municipal Act - few, if any, studies have been devoted to its practical applications. This paper therefore attempts both a survey and analysis of the use and implications of S. 702A. Questionnaires were used to collect data from all Regional Districts and some fifteen larger municipalities. Although results indicated a wide and varied usage, there was little evidence of a strongly demonstrated need for a new form of land control. Both the planners and administrators to whom the questionnaires were directed, and by their evidence the general public, misunderstood and are confused by the new provisions. However, fewer problems than anticipated were apparantly encountered in the use of S. 702A, and initial reluctance to utilize the legislation is dissipating. By reference to American zoning and British development control methods, it was determined that the Land Use Contract is a form of development control, similar to Ontario practices and not unlike the British example. It can be used to considerable advantage in the planning process, particularly where flexibility and innovation are desired, so long as it is used, as with all development control, in accordance with a comprehensive plan.

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