THIS IS A GENERAL GUIDE THAT BRIEFLY EXPLAINS THE SUBDIVISION APPLICATION PROCESS IN HEADINGLEY AND WHERE YOU CAN GET MORE INFORMATION. AS IT IS GENERAL IN NATURE, IT IS NOT MEANT TO REPLACE BYLAWS OR OTHER LEGAL DOCUMENTS.  

WHAT IS A SUBDIVISION? 

SUBDIVISION IS THE PROCESS OF ALTERING LEGAL PROPERTY BOUNDARIES. MOST OFTEN THIS INVOLVES SPLITTING LARGER TRACTS OF LAND INTO SEPARATE LEGAL PROPERTIES. HOWEVER, A SUBDIVISION CAN ALSO INCLUDE THE REALIGNMENT OF EXISTING PROPERTY LINES OR THE CONSOLIDATION OF TWO OR MORE PROPERTIES. WHATEVER THE SIZE OF THE SUBDIVISION, IT WILL BE UP TO COUNCIL TO DECIDE WHETHER OR NOT IT IS DESIRABLE AND CONFORMS TO LOCAL LAND USE BYLAWS AND PLANS.

WHY DO SUBDIVISIONS NEED TO BE APPROVED? 

THE PLANNING ACT REQUIRES THAT ALL SUBDIVISIONS BE APPROVED BY A LEGAL AUTHORITY GOVERNING SUBDIVISIONS. THIS APPROVAL IS NEEDED TO ENSURE THAT:

• THE SIZE AND SHAPE OF LOTS PROVIDE AN ADEQUATE BUILDING AREA

• MUNICIPAL SERVICES SUCH AS SEWER OR WATER ARE FULLY PROVIDED

• NATURAL FEATURES SUCH AS RAVINES, STREAMS AND TREES ARE PROTECTED

• OPEN SPACE AND PARKS ARE ADEQUATE

• THE SUBDIVISION PATTERN IS COMPATIBLE WITH SURROUNDING AREAS

• FUTURE SUBDIVISION OPPORTUNITIES ARE PROTECTED

• FINANCIAL COMMITMENTS OF THE LOCAL COMMUNITY, IF ANY, ARE APPROPRIATE

THE SUBDIVISION APPLICATION PROCESS 

HERE ARE THE MAJOR STAGES IN THE SUBDIVISION APPLICATION PROCESS:

PRE-APPLICATION

YOUR PROPOSAL SHOULD BE WELL- PLANNED BEFORE YOU SUBMIT A SUBDIVISION APPLICATION. IN PREPARING YOUR  PROPOSAL YOU SHOULD BE AWARE OF MUNICIPAL PLANS, POLICIES AND REGULATIONS THAT MAY APPLY TO YOUR DEVELOPMENT. ONCE YOU HAVE REVIEWED DEVELOPMENT REGULATIONS AND SPOKEN WITH COUNCIL,  MUNICIPAL STAFF AND PROVINCIAL OFFICIALS, MAKE THE FINAL PREPARATIONS FOR SUBMITTING YOUR SUBDIVISION PROPOSAL AT THE PROVINCIAL PLANNING OFFICE IN PORTAGE LA PRAIRIE.

SUBMIT AN APPLICATION 

SUBDIVISION APPLICATION FORMS ARE AVAILABLE AT THE PROVINCIAL PLANNING OFFICE OR MUNICIPAL OFFICE. PLANNING STAFF CAN ASSIST YOU, BUT BE PREPARED TO SUBMIT THE FOLLOWING INFORMATION:

• THE PROPERTY OWNER’S NAME AND ADDRESS. (IF THE APPLICANT IS APPLYING ON         BEHALF OF THE PROPERTY OWNER, A LETTER OF AUTHORIZATION MUST BE SUBMITTED).

• A CURRENTLY DATED (WITHIN 30 DAYS) CERTIFICATE OF TITLE .

• THE ADDRESS AND LEGAL DESCRIPTION OF THE SUBJECT PROPERTY.

• A BRIEF DESCRIPTION OF THE PROPOSED DEVELOPMENT (E.G. SINGLE FAMILY, COMMERCIAL OR INDUSTRIAL).

• A DETAILED SUBDIVISION LAYOUT SHOWING LOT DIMENSIONS, THE  ROAD PATTERN, AND PARKLAND DEDICATION, IF ANY.

• ALL SUBDIVISION APPLICATIONS ARE SUBJECT TO A FEE.

APPLICATION REVIEW 

TO ENSURE THAT COUNCIL HAS ALL OF THE NECESSARY BACKGROUND INFORMATION, APPLICATIONS ARE CIRCULATED TO VARIOUS AGENCIES AND PROVINCIAL GOVERNMENT DEPARTMENTS. THIS COULD INCLUDE HIGHWAYS AND TRANSPORTATION TO ENSURE THAT BUILDINGS ARE SETBACK FROM THE HIGHWAY AND THAT THE SAFETY OF THE HIGHWAY SYSTEM IS PROTECTED. PROVINCIAL PLANNING STAFF WILL COLLECT THE COMMENTS, SUMMARIZE THEM AND SUBMIT A REPORT TO COUNCIL.

COUNCIL DECISION 

SUBDIVISIONS ARE LONG- TERM DECISIONS THAT WILL AFFECT FUTURE GENERATIONS. COUNCIL MUST REVIEW SUBDIVISION APPLICATIONS IN RELATIONSHIP TO THE PLANNING ACT, MUNICIPAL PLANS, REVIEW AGENCY COMMENTS, SITE CONDITIONS, LOCAL MUNICIPAL  SERVICES, TRAFFIC, ENVIRONMENTAL CONSTRAINTS, AND DEVELOPMENT COSTS. COUNCIL CAN EITHER APPROVE THE APPLICATION WITH REQUIREMENTS AND WITH OR WITHOUT CONDITIONS OR THEY CAN REJECT THE APPLICATION. IF COUNCIL REJECTS THE APPLICATION, THERE IS NO RIGHT OF APPEAL. COUNCIL REQUIREMENTS CAN INCLUDE LOT FEES, SURVEY PLAN AND PAYMENT OF PROPERTY TAXES. SUBDIVISION CONDITIONS INCLUDE STANDARDS OF MUNICIPAL SERVICES (E.G. SANITARY SEWERS, PAVED STREETS), DEVELOPMENT RESTRICTIONS (RIVERBANK SETBACKS), OR OTHER PLANNING APPROVALS, SUCH AS A REZONING. SUBDIVISION CONDITIONS CAN BE APPEALED.

APPROVING AUTHORITY DECISIONS 

IN THE CASE OF HEADINGLEY, THE MINISTER OF RURAL DEVELOPMENT OR DESIGNATE IS RESPONSIBLE FOR FINAL SUBDIVISION APPROVAL.  ONCE THE APPROVAL AUTHORITY RECEIVES APPLICATIONS APPROVED BY THE MUNICIPAL COUNCIL, IT WILL FURTHER REVIEW THE APPLICATION TO ENSURE THAT IT MEETS PROVINCIAL GOVERNMENT REGULATIONS, LOCAL PLANS AND THE LAND IS SUITABLE FOR THE INTENDED PURPOSE. IF THE APPLICATION MEETS THIS CRITERIA, THE SUBDIVISION WILL BE APPROVED, WITH OR WITHOUT ANY ADDITIONAL CONDITIONS.

APPEALS, HEARING AND CERTIFICATE OF APPROVAL 

APPLICANTS WHO ARE NOT SATISFIED WITH THE APPROVING AUTHORITY’S DECISION (DEPARTMENT OF RURAL DEVELOPMENT) CAN APPEAL TO THE MUNICIPAL BOARD. IF A MUNICIPAL BOARD HEARING IS REQUIRED, THE HEARING WILL BE HELD, EVIDENCE PRESENTED (INCLUDING BY THE APPLICANT, MUNICIPALITY AND REVIEW AGENCIES) AND YOUR APPLICATION WILL BE SUBJECT TO THE DECISION OF THE MUNICIPAL BOARD. MUNICIPAL BOARD DECISIONS ARE FINAL. 

ONCE ALL CONDITIONS ARE MET, A FINAL CONDITION OF APPROVAL IS ISSUED. THE APPLICANT THEN HAS TO REGISTER THE SUBDIVISION WITH THE LAND TITLES OFFICE. 

FOR FURTHER INFORMATION CONTACT THE DEVELOPMENT OFFICER.