Mandate

Gathered at monthly meetings, the Commission advises the municipalities on all questions regarding the planning in Kent County. It also has the authority to give variances to the regulations governing the planning. “The facts that zoning or subdivision by-laws or regulations are drafted in general terms, without regard to the unique characteristics of a parcel of land, give rise to the need for a mechanism by which an owner can obtain relief from their strict application”.

The New Brunswick Community Planning Act permits a planning commission to grant a variance if it conforms to the intent of the legislation. Where the variance sought is one which is contrary to the explicit of the by-law or regulation, then, the only possible resort is an amendment. By giving this power either to a committee or commission, the Act seeks to avoid the necessity of having the by-law or regulation amended, which is both time consuming and cumbersome.

Thus, the legislator is free from purely administrative decision and left to cope with the policy. It is implicit that no variance will be granted when the request, in effect, is for permission to depart from the established policies which have been carried into effect by a by-law or regulation1.