DPA Frequently Asked Questions

How are property owners alerted to the need for a Development Permit?             

A property owner considering construction, addition or alteration of a building or structure, or subdividing or engaging in land altering activities, is encouraged to meet with a representative of RDEK Planning and Development Services early in the planning stages. In this pre-development meeting, the Development Clerk, Planning Technician or Planner should highlight any requirements related to Development Permit Applications.

If a property owner is unaware they are located within a Development Permit Area it is possible they could apply for a building permit without having obtained a Development Permit even though one may be required. In these situations, the need for the Development Permit should be identified either at the time they submit their building permit application, or when the Development Clerk reviews the application for compliance with RDEK zoning and land use regulations. At this point the property owner should be contacted and made aware that they will need to obtain a Development Permit prior to receiving a building permit.

What are the steps involved in obtaining a Development Permit?

To obtain a Development Permit, a property owner must first complete and submit a Development Permit Application form along with the applicable application fee and all supporting documentation indicated on the application form. Once the application is received by the RDEK, a Planning Technician or Planner reviews the application against the existing OCP and zoning bylaw. If no issues exist, a Development Permit is prepared, indicating any specific requirements associated with issuance of the permit. The Development Permit is sent to the property owner and a letter is sent to the Land Title Office to register a Notice of Permit on title. Once the property owner has received the Development Permit they can apply for a building permit, continue with a subdivision process or pursue other works.

What work requires a Development Permit in a Development Permit Area?

Each Development Permit Area has a slightly different set of conditions under which a Development Permit is required. In general, for properties within a Development Permit Area, a Development Permit may be required prior to the registration of subdivisions or issuance of building permits for the following activities:

• siting, construction, or alteration of a building or structure;
• subdivision of land; 
• alteration of land in an environmentally sensitive area; and
• alteration of land that is subject to hazardous conditions.

For properties located in a Development Permit Area, many activities do not necessitate a Development Permit. Exemptions vary between Development Permit Areas, but may include:

• internal alterations which do not affect the exterior appearance of a building or structure;
• replacement, upgrading, or repair of roofing or finishing materials on buildings; and
• additions to buildings which increase the floor area by an amount less than 10% of the area existing at the time this Bylaw was adopted.

To determine when a Development Permit is required for work within a specific Development Permit Area please check details outlined on the webpage  Development Permit Areas in Specific Official Community Plan Areas or consult with the Planning & Development Services Department at the RDEK.

How can Development Permit Areas be used as a variance tool?

When an applicant completes a Development Permit Application, they have the option to request a bylaw variance on Section 9 of the application form. To do so, the applicant must indicate the Bylaw to be varied, the Section No., and the specifics of what they would like to vary. These requests do not go before the RDEK board; they are approved or denied by the Manager of Planning & Development Services. Typically this aspect of Development Permit Applications is limited to minor variances such as height and setbacks associated with the guidelines and objectives of the Development Permit Area. Normal restrictions to variances apply; use, density and floodplain restrictions cannot be varied.