TEMPORARY USE PERMIT NO. TUP 2025-01 – 1 BATE RD

DEVELOPMENT APPLICATION PROCESS:

Figure 1 below outlines the DVP application process. The red star indicates where the application falls within the process.

Figure 1: Temporary Use Permit (TUP) application process

BACKGROUND:

The proposal was introduced at the November 18, 2025, Council Meeting. Council passed the following motion:

“THAT Council, after giving notice and allowing public comment at a meeting of Council, consider the following motion:

“THAT Council authorize the issuance of Temporary Use Permit No. TUP 2025-01 for 1 Bate Road, in accordance with the plans submitted to the Development Services Department dated October 26, 2025, to allow for two detached dwelling units on the property, subject to the following conditions:

1. the applicant give an undertaking that the existing dwelling unit will be decommissioned or demolished when the Temporary Use Permit lapses and restore the land, in accordance with Town Bylaws, to the satisfaction of the Director of Development Services; and
2. the Temporary Use Permit lapsing two years from the date of this resolution.””

The staff report can be found in Attachment 1.

A notice of Public Hearing was sent to all owners and occupiers within 400m of the subject property, in accordance with Development Procedures Bylaw No.730, 2009.

ANALYSIS:

Regulatory Framework

Under the Local Government Act, temporary use permits may do one or more of the following:

a. Allow a use not permitted by a zoning bylaw, b. Specify conditions under which the temporary use may be carried on, or c. Allow and regulate the construction of buildings or structures in respect of the use for which the permit is issued.

A temporary use permit may be valid for three years or a shorter term, if specified by Council. The applicant may apply to have the permit renewed only once.

Rationale and permit conditions

It is recommended that the temporary use permit be valid for a period of two years, as building permits are valid for two years before they expire. Please note that the recommendation was modified so that the temporary use permit would come into effect when the building permit for the new dwelling unit is issued by the Town. Should the applicant require more time to construct the new dwelling unit, the applicant may apply for a Temporary Use Permit renewal for Council’s consideration.

It is also recommended that as conditions of the temporary use permit, the applicant would be required to do one of the following when the permit lapses:

i. Decommission the existing dwelling unit by converting the dwelling unit into an accessory building, subject to Town Bylaws, or ii. Demolish the existing dwelling unit.

Should the applicant wish to retain the existing building as a dwelling unit after the temporary use permit lapses, the applicant would then be required to apply for rezoning to permit two detached dwelling units on the property. The applicant would be required to initiate the rezoning application process while the temporary use permit is still valid.

Impacts and implications can be summarized as follows:

PUBLIC PARTICIPATION GOAL:

The desired level of public participation for the recommended option is:

☒ Inform ☐ Consult ☐ Involve ☐ Collaborate ☐ Empower ☐ N/A

TIME CRITICAL:

There are no time considerations for this report.

ATTACHMENT:

1. Report dated November 6, 2025 from the Community Planner titled “Temporary Use Permit Application No. TUP 2025-01 – 1 Bate Rd”