WHEREAS many local governments in British Columbia have residential land use contracts dating back to the 1970s that may be tied to old or obsolete zoning bylaws; AND WHEREAS it may be difficult to get each and every property owner to agree to discharge or amend a residential land use contract involving multiple properties: THEREFORE BE IT RESOLVED that the Province of British Columbia enable local governments to discharge or amend a residential land use contract where the owners of at least 51 of the properties within the residential land use contract agree to the discharge or amendment.
Ministry of Community, Sport Cultural Development Land Use Contracts LUCs were enabled from 1971 to 1978 to authorize local governments and developers to override the provisions in zoning bylaws with mutually agreed upon contractual provisions, which could include matters that could not be dealt with through regulatory bylaws at that time, such as design and the provision of amenities. All LUCs were voluntarily entered into by the local governments, in accordance with the terms that they contained, however many local governments and developers did not consider the longer-term issues that would exist decades after the initial development project was built and ownership of subdivided properties was decentralized. Many of the buildings constructed under LUCs are reaching the end of their useable life, and in many instances the LUC is interfering with land redevelopment in accordance with new community objectives and values. Changing the rules that the LUC establishes to enable local governments to amend or rescind them needs to be considered in the broader context of contract law. Richmond has asked to participate in a trial project in which it would seek support for discharging LUCs that apply to single family neighbourhoods. The Ministry is considering this project proposal.