Focus On

PLANNING AND DEVELOPMENT - Subdivision - Conditions of approval

Monday, July 08, 2019 @ 9:38 AM  


Lexis Advance® Quicklaw®
Appeal by the property owners from a decision dismissing their appeal from a decision of the Appeal Board. The appellants applied to divide a parcel of land into two lots. The Town advised them that the Development Regulations required development approval and that the proposed subdivision amounted to a comprehensive subdivision und s. 74(c) of the Regulations, thus warranting the imposition of an open-space fee and a park-outfitting fee. The Town refused to waive the fees and the owners appealed. The Board dismissed the appeal, concluding that the Town had the necessary authority to impose the fees under the Regulations. The court affirmed the Town’s conclusion that dividing the land into two lots amounted to a comprehensive subdivision thus warranting the imposition of the fees.

HELD: Appeal dismissed. The judge did not err in concluding that a standard of review of reasonableness applied to the question of whether the interpretation of the Regulations by the Board was reasonable in determining that the division of the land into two lots was a comprehensive subdivision warranting the imposition of open-space and park-outfitting fees. A determination that the division of the owners’ land into two lots constituted a comprehensive subdivision warranting the imposition of open-space and park-outfitting fees was within the range of reasonable outcomes. There was no basis on which to conclude that the judge erred in dismissing this ground of appeal.

French v. Newfoundland and Labrador (Eastern Regional Appeal Board), [2019] N.J. No. 184, Newfoundland and Labrador Court of Appeal, D.E. Fry C.J.N.L., B.G. Welsh and W.H. Goodridge JJ.A., June 3, 2019. Digest No. TLD-July82019001