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Development Plan Amendments
This is a general guide that briefly explains the RM of Hanover Development Plan, why it is needed, and how you go about re-designating your property in the Development Plan. As it is general in nature, it is not meant to replace bylaws or other legal documents.
What Is A Development Plan?
A Development Plan 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.
The RM of Hanover Development Plan has 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 RM of Hanover is available for review at the municipal office. The RM of Hanover Development Plan is also available for inspection and purchase.
What Is A Development Plan Amendment?
A Development Plan amendment is the process of legally changing the land use designation of a property in the RM of Hanover. 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 Development Plan amendment.
The Development Plan Amendment Process Here are the major stages in amending Development Plan:
Your development proposal should be well- planned before submitting a Development Plan 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
Development Plan 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 property
- The current and proposed land use designation
- A brief description of the proposed property
The fee is $1,000.00. This is to cover costs incurred by municipality including advertising and planning consultant’s preparation of the by-law. Any required engineering reports and legal feesare the responsibility of the applicant.
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 Development Plan amendment in regards to various council policies, the Development Plan, compatibility, traffic, services and other matters. This will include circulating the application to other agencies and provincial government departments such as Community Planning, Manitoba Infrastructure and Transportation, Manitoba Agriculture Food and Rural Initiative, Manitoba Conservation and any other applicable departments. Before consideration by council of the proposed Development Plan amendment, municipal staff will advertise the amendment in a newspaper having general circulation in RM of Hanover.
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 Development Plan 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 Intergovernmental Affairs. 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 Intergovernmental Affairs 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 Intergovernmental Affairs. 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 is considered adopted into law.
For further information contact the development officer
This information provides general guidance. Please consult the planning act, Development Plan, the municipal board or rural development for definitive requirements and procedures.