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How is subdivision different from a rezoning application?
A rezoning application involves a request to change the allowable use or density of a parcel and
must be submitted to the Municipal Council.
Can the Approving Officer refuse a subdivision application?
Yes, however, Provincial Statutes outline the specific grounds upon which the Approving Officer
may refuse an application for subdivision.
Unlike a Municipal Council's broad authority to reject any application for rezoning without
reasons, the Approving Officer can only lawfully reject a subdivision application for the reasons
specified in the Provincial legislation.
If neighbours in the vicinity of a proposed subdivision write in opposition to the
subdivision application, will it be rejected?
The input of neighbours is one of many elements the Approving Officer may choose to consider.
However, it would not be appropriate for the Approving Officer to reject an application solely
on the grounds that the subdivision is not supported by the neighbourhood.
Can the decision of the Approving Officer be appealed to the Municipal Council?
No, the Provincial legislature purposefully separated the role of Municipal Council from that of
the Approving Officer. It would not be lawful for a Councillor or Municipal Council to unduly
influence the Approving Officer for or against a subdivision application.
I thought the Municipal Council made all the decisions on land use?
Municipal Councils set overall land use policies in their Official Community Plans and Local Area
Plans. They also have the full authority to pass and change regulatory bylaws such as the Zoning
Bylaw that create different zones, densities and lot sizes for different areas within the
community. These bylaws are enacted through a mandated public hearing process. However, once a
parcel is zoned for a specific use and minimum lot size, the Municipal Council can not be
involved in the subdivision approval process, except for panhandle lots and variances.
How do I find out what services will need to be provided for my proposed
subdivision?
Schedule “H” attached to Subdivision Bylaw No.7452
Subdivision Bylaw specifies requirements for the design and installation of works and
services of land proposed for subdivision.
Subdivision application forms are
available on-line or from the Planning Department. To have an application mailed or faxed to you
phone us at 475-5473 or 475-5474, or e-mail us at
plansec@saanich.ca.
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