THIS IS A GENERAL GUIDE THAT BRIEFLY EXPLAINS PLAN HEADINGLEY, WHY IT IS NEEDED, AND HOW YOU GO ABOUT REDESIGNATING YOUR PROPERTY IN PLAN HEADINGLEY. AS IT IS GENERAL IN NATURE, IT IS NOT MEANT TO REPLACE BYLAWS OR OTHER LEGAL DOCUMENTS.  

WHAT IS PLAN HEADINGLEY? 

PLAN HEADINGLEY SETS OUT THE COMMUNITY’S GOALS, OBJECTIVES AND POLICIES TO GUIDE FUTURE DEVELOPMENT WITHIN THE COMMUNITY. THE PLAN IS FLEXIBLE, IN THAT IT IS REVIEWED IN WHOLE PERIODICALLY, AS WELL, AMENDMENTS TO THE PLAN MAY BE INITIATED BY APPLICATION. HOWEVER PLAN AMENDMENTS SHOULD BE CLOSELY REVIEWED TO ENSURE THAT THE COMMUNITY’S LONG TERM INTERESTS ARE PROTECTED. PLAN HEADINGLEY HAS SEVEN DIFFERENT DESIGNATIONS THAT ALLOW FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR OTHER LAND USES. A LAND USE  MAP SHOWING THE LAND USE DESIGNATIONS FOR DIFFERENT AREAS OF HEADINGLEY IS AVAILABLE FOR REVIEW AT THE MUNICIPAL OFFICE. PLAN HEADINGLEY IS ALSO AVAILABLE FOR INSPECTION AND PURCHASE.

WHAT IS A PLAN HEADINGLEY AMENDMENT? 

A PLAN HEADINGLEY AMENDMENT IS THE PROCESS OF LEGALLY CHANGING THE LAND USE DESIGNATION OF A PROPERTY IN THE R.M. OF HEADINGLEY. BEFORE ANY DEVELOPMENT TAKES PLACE ON A PROPERTY, SUCH AS REZONING A PROPERTY OR CONSTRUCTING A BUILDING, THE OWNER OF THE PROPERTY HAS TO CHECK THE EXISTING LAND USE DESIGNATION FOR THAT PROPERTY. IF THE PROPOSED DEVELOPMENT DOES NOT CONFORM TO THE LAND USE DESIGNATION, THE PROPERTY OWNER MUST APPLY FOR A PLAN HEADINGLEY AMENDMENT.

THE PLAN HEADINGLEY AMENDMENT  PROCESS 

HERE ARE THE MAJOR STAGES IN AMENDING PLAN HEADINGLEY:

• PRE-APPLICATION

YOUR DEVELOPMENT PROPOSAL SHOULD BE WELL- PLANNED BEFORE SUBMITTING A PLAN HEADINGLEY AMENDMENT. IN PREPARING YOUR PROPOSAL, YOU SHOULD BE AWARE OF MUNICIPAL PLANS, POLICIES AND REGULATIONS THAT MAY APPLY TO YOUR DEVELOPMENT. ONCE YOU HAVE REVIEWED MUNICIPAL DEVELOPMENT REGULATIONS AND SPOKE WITH MUNICIPAL OFFICIALS (INCLUDING COUNCIL), MAKE THE FINAL PREPARATIONS FOR SUBMITTING YOUR AMENDMENT PROPOSAL AT THE MUNICIPAL OFFICE.

• SUBMIT AN APPLICATION

PLAN HEADINGLEY AMENDMENT FORMS ARE AVAILABLE AT THE MUNICIPAL OFFICE. PLANNING STAFF CAN HELP YOU, BUT YOU MUST BE PREPARED TO SUBMIT THE FOLLOWING INFORMATION:

• THE  PROPERTY OWNER’S NAME AND ADDRESS

• THE  MUNICIPAL ADDRESS AND LEGAL DESCRIPTION OF THE PROPERT

• THE  CURRENT AND PROPOSED LAND USE DESIGNATION

• A BRIEF DESCRIPTION OF THE PROPOSED PROPERTY

APPLICATION FEE: 

ONCE THE MUNICIPAL STAFF  HAS COMPLETED AN INITIAL REVIEW, THE APPLICATION WILL BE FORWARDED TO COUNCIL FOR REVIEW. IF COUNCIL DEEMS IT APPROPRIATE TO GIVE THE APPLICATION FIRST READING, MUNICIPAL STAFF WILL EXAMINE THE PLAN HEADINGLEY AMENDMENT IN REGARDS TO VARIOUS COUNCIL POLICIES, HEADINGLEY PLAN, COMPATIBILITY, TRAFFIC, SERVICES AND OTHER MATTERS. THIS WILL INCLUDE CIRCULATING THE APPLICATION TO OTHER AGENCIES AND PROVINCIAL GOVERNMENT DEPARTMENTS SUCH AS RURAL DEVELOPMENT, DEPARTMENT OF HIGHWAYS, MANITOBA AGRICULTURE, AND NATURAL RESOURCES AND OTHERS. 

BEFORE CONSIDERATION BY COUNCIL OF THE PROPOSED PLAN HEADINGLEY AMENDMENT, MUNICIPAL STAFF WILL ADVERTISE THE AMENDMENT IN A NEWSPAPER HAVING GENERAL CIRCULATION IN HEADINGLEY. 

REPORT TO COUNCIL AND THE PUBLIC HEARING 

MUNICIPAL STAFF WILL PREPARE A REPORT TO COUNCIL THAT INCLUDES AN ANALYSIS OF THE APPLICATION, A RECOMMENDATION FOR THE APPLICATION TO PROCEED OR BE DENIED, AND ANY SPECIFIC CONSIDERATIONS THAT NEED TO BE ADDRESSED. THIS WILL BE PRESENTED AT A FORMAL HEARING. ANY PERSON WHO DEEMS THEIR INTERESTS MAY BE AFFECTED BY PLAN HEADINGLEY AMENDMENT HAS AN OPPORTUNITY TO EXPRESS THEIR CONCERNS TO COUNCIL AT A PUBLIC HEARING. THE APPLICANT OR THEIR REPRESENTATIVE WILL ALSO HAVE AN OPPORTUNITY TO PRESENT THE DEVELOPMENT  PROPOSAL OR RESPOND TO ANY QUESTIONS. 

AS A RESULT OF THE PUBLIC PRESENTATIONS AND OTHER INFORMATION COUNCIL CAN GIVE SECOND READING TO THE BYLAW, AMEND THE BYLAW AND HOLD ANOTHER PUBLIC HEARING OR  DECIDE NOT TO PROCEED WITH THE AMENDMENT.

APPEALS, HEARINGS AND FINAL APPROVAL

IF THE AMENDMENT IS GIVEN SECOND READING AND NO PERSON HAS OBJECTED, COUNCIL SHALL GIVE NOTICE TO THE MINISTER OF RURAL DEVELOPMENT. IF THERE ARE OBJECTIONS, THEN THOSE WHO HAVE CONCERNS MAY HAVE AN OPPORTUNITY TO APPEAL THE AMENDMENT TO THE MUNICIPAL BOARD IF THE MINISTER OF RURAL DEVELOPMENT FEELS IT IS APPROPRIATE.  IF A MUNICIPAL BOARD HEARING IS REQUIRED, THEN A HEARING WILL BE HELD AND THE MUNICIPAL BOARD WILL MAKE A RECOMMENDATION TO THE MINISTER OF RURAL DEVELOPMENT. THE MINISTER CAN INSTRUCT COUNCIL TO MAKE AMENDMENTS TO THE BYLAW AND/OR GIVE THE BYLAW THIRD READING. THE COUNCIL IS BOUND TO ABIDE BY THE MINISTER’S DECISION. ONCE COUNCIL HAS GIVEN THE BYLAW THIRD READING, IT HAS TO RETURN COPIES OF THE BYLAW TO THE MINISTER. THE MINISTER THEN SUBMITS THE BYLAW TO THE LIEUTENANT GOVERNOR IN COUNCIL FOR FINAL APPROVAL THROUGH AN ORDER IN COUNCIL.

FOR FURTHER INFORMATION CONTACT THE DEVELOPMENT OFFICER  

THIS INFORMATION PROVIDES GENERAL GUIDANCE. PLEASE CONSULT THE PLANNING ACT, PLAN HEADINGLEY, THE MUNICIPAL BOARD OR RURAL DEVELOPMENT FOR DEFINITIVE REQUIREMENTS AND PROCEDURES.