Letter of Understanding - Capital Regional District (Withholding of Building Permit)

Extracted text (beginning)

WITHHOLDING OF BUILDING PERMITS
LETTER OF ADMINISTRATIVE UNDERSTANDING
BETWEEN STAFF ADMINISTRATIONS OF
THE ISLANDS TRUST
AND
THE CAPITAL REGIONAL DISTRICT

WITHHOLDING OF BUILDING PERMITS
LETTER OF ADMINISTRATIVE UNDERSTANDING
BETWEEN STAFF ADMINISTRATIONS OF
THE ISLANDS TRUST AND THE CAPITAL REGIONAL DISTRICT
WHEREAS  the  Island  Trust  (Trust)  has  jurisdiction  over  an  area  that  has  been  established  as  a  provincial
land trust under the Islands Trust Act;
AND  WHEREAS  the  Trust,  through  its  Local  Trust  Committees,  has  local  government  jurisdiction  under
Section  27  of  the  Islands  Trust  Act  for  land  use  regulation  in  those  local  trust  areas  within  the  'Salt  Spring
Island' and 'Outer Gulf Islands' electoral areas of the Capital Regional District;
AND WHEREAS the Capital Regional District (District) has functional jurisdiction on Salt Spring Island and the
Outer Gulf Islands for Building Inspection under Building Regulation Bylaw No. 1042 (Municipal Act Part 21);
AND WHEREAS the Local Trust Committees are in an inter-dependent relationship with the Regional District
Board on the matter of withholding of building permits, under Section 35 of the Islands Trust Act, in order to
exercise  the  powers  conferred  on  the  Local  Trust  Committees  through  application  of  Section  981  of  the
Municipal Act;
AND WHEREAS the staff of the Trust and the District wish to make an agreement at the administrative level
to  facilitate  the  proper  performance  of  the  obligations  of  the  Trust  and  the  District  within  their  respective
spheres of jurisdiction;
NOW THEREFORE both parties agree in principle as follows:
1.The intent of the Trust and the District is to improve communication between the Trust and the District,
and to state mutual understanding with respect to the withholding of Building Permits pursuant to
Section 981 of the Municipal Act.
2.The Trust and the District agree that the broad purpose of Section 981 of the Municipal Act is to
provide machinery to prevent developments, which comply with existing zoning but will be in conflict
with proposed zoning, from being advanced during the time-period required to enact a bylaw that is
under preparation.
3.Time is of the essence for the withholding of a permit pursuant to Section 981 of the Municipal Act.
4.The Trust acknowledges the need for, and undertakes to give, early notice and full disclosure to the
District of any:
a)Rezoning application or Local Trust Committee resolution that directs the preparation of a
bylaw amendment that would have the effect of creating a conflict between potential
developments proposed in any application for a building permit and the proposed bylaw or
rezoning application.
b)Contemplated action or enactment of resolutions to withhold building permits for 30 days and,
potentially, for a further 60 days pursuant to Section 35 of the Islands Trust Act.
5.The District acknowledges the need for the Capital Regional Distric

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