3 Requirements For Approval

• 3 (1) In considering an application for the approval of a bare land strata plan, the approving officer may

• (a) at the cost of the owner-developer, personally examine or cause an examination and report to be made on the land intended to be included in the bare land strata plan,
• (b) hear from all persons who, in the approving officer’s opinion, are affected by the bare land strata plan,
• (c) require an owner-developer to state in writing the intended use of the strata lots being created by a bare land strata plan,
• (d) require the owner-developer to provide such plans, designs, specifications and reports as the approving officer may reasonably require in order to consider the bare land strata plan for approval,
• (e) refuse to approve the bare land strata plan, if the approving officer considers that
  • (i) the anticipated development would injuriously affect the established amenities of adjoining or reasonably adjoining properties,
  • (ii) the deposit of the bare land strata plan is against the public interest,
  • (iii) the bare land strata plan does not comply with the provisions of these regulations relating to access and the sufficiency of highways required to be dedicated pursuant to these regulations,
  • (iv) the highways required to be dedicated prior to the approval of the bare land strata plan by the approving officer are not cleared, drained, constructed and surfaced to the approving officer’s satisfaction, or unless, in such circumstances as the approving officer considers proper, security in an amount and in a form acceptable to the approving officer is provided by the owner-developer,
  • (v) it contains land that because of inadequate drainage is not suitable for the intended use or any other prospective use the approving officer considers likely,
  • (vi) the land is subject or could reasonably be expected to be subject to flooding, erosion, land slip or avalanche,
  • (vii) the cost of providing the public utilities or other works or services would be excessive, or
  • (viii) the development would adversely affect the natural environment to an unacceptable level.

• (2) If land in respect of which a bare land strata plan is submitted for approval is subject to any of the conditions described in subsection (1)(e)(v) or (vi), the approving officer may approve it if the owner-developer agrees in writing to enter into such covenants registrable under section 182 of the Land Title Act as the approving officer considers advisable.

[am. B.C. Reg. 310/85; B.C. Reg. 109/2002; B.C. Reg. 497/2003; B.C. Reg. 64/2021.]