Major amendments were made to the National Housing Act (1954) Section 23 in 1964. These altered the scope of urban renewal which had been utilized for the ten previous years. The major features of the revised legislation included cost-sharing by Central Mortgage and Housing Corporation, as one member of a tripartie partnership, in the following undertakings: a) the preparation of urban renewal studies, b) the preparation of urban renewal schemes, c) the implementation of the resulting projects including - i. the cost of acquiring and clearing property, ii. the upgrading of public services such as roads, sewers and watermains. The reuse of the cleared land was at the discretion of the municipality and could be retained by the latter or sold to private interests. This program operated until October 1968, when it was halted upon the request of the Federal Minister responsible for Central Mortgage and Housing Corporation. To that date $168 million had been spent by the Federal Government on the above mentioned aspects of the program and there existed a potential commitment of nearly $300 million. The hypothesis underlying the examination of the material was that the amendments were overambitious, in that the objectives were not clearly specified and the scale of the public commitment was open ended. The result was a range of potential projects which could not be adequately administered through the operating policies of Central Mortgage and Housing Corporation. By way of a sub-hypothesis, it has been contended that a major factor in the urban renewal process was the discord between the expansive but ill-defined objectives and the detailed administrative policies to carry out the program. In particular, the following elements were noted: a) Urban renewal, for all communities and all land uses, was carried out within a single, universally applied set of administrative policies, b) The economic terms of reference lacked sophistication. This prejudiced the viability of the proposed projects, especially in terms of fostering private development in renewal areas. c) The bureaucratization of the program produced an administration which was more involved in the process than the product of urban renewal. Concomitant factors were excessive time lags and an inefficient use of staff. These inadequacies, contributing factors to the low achievement level of the program, led to its evaluation for the first time in 1968 by CMHC. The result was the aforementioned discontinuation of the program. To the extent that CMHC has been considering a reversion to the pre 1964 position in urban renewal, that is, a residentially oriented program, it was felt that the changes were overambitious. This presentation has attempted to examine the Canadian urban renewal program between 1964 and 1968 and, within the confines of the material documented, the hypothesis is submitted as valid. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

Intensive development of the city and efficient use of space are essential if rapidly increasing populations are to be accommodated in urban areas. Land requirements for transportation functions can be minimized by utilization of air space above transportation facilities. The problems of rapid urbanization and scarcity of land are of particular concern in the major metropolitan areas of British Columbia. British Columbia has experienced the most rapid rate of growth of any Canadian province yet most of this growth has been confined to a few hundred square miles of the province's vast area. These factors suggest utilization of air space above or below transportation facilities has particular relevance to land use and transportation planning in British Columbia. The object of this thesis is to examine the legal and legislative implications, the financial aspects and planning considerations of air rights development in British Columbia. In Chapter II, the position of air space at common law is analyzed. Statutes regulating the ownership of land and the powers of municipalities, governmental agencies and railway companies have been examined. Common law courts have ruled that air and space are not susceptible of ownership except as incidental to the use and enjoyment of the land surface or as space within a structure bearing upon the soil. The Land Registry Act and the Strata Titles Act regulate land ownership in British Columbia. The Strata Titles Act passed in 1966 provides for the individual and multiple ownership of land within an administrative framework. A critical prerequisite to strata development is that land included in the strata plan must be registered in indefeasible title as a single parcel in the name of the Strata corporation. Public and private, agencies responsible for administering highways and rights-of-way are prohibited by legislation from alienating lands that are required, therefore, air rights cannot be developed using the Strata Titles Act. It is shown that these agencies only have authority to lease interest in air space. Of all the agencies examined, none are restricted from developing air rights for their own purposes. The financial aspects of air space utilization are examined in Chapter III. Three methods of valuating air space are examined and the applicability of each is evaluated. Air rights have no real estate value if the cost of developing the air rights platform is greater than the cost of comparable land in fee simple. Air space may be utilized as a matter of public policy if long term costs and benefits show air space utilization to be economically feasible. Programs of financial assistance for air rights development are finally considered. Mortgage financing from private lenders is not readily available because of the legal implications and the traditional blighting influence of freeways and railways on adjacent urban areas. In view of the blighting influence, of highways and railways, it is suggested that provisions of the existing National Housing Act be extended to include assistance for air rights projects in conjunction with urban renewal assistance. Chapter IV outlines the planning considerations that must be recognized in air rights development. The value of determining potential air rights development areas and the methods of regulating air rights development are examined. Public ownership of air rights is the most effective method of control. Municipalities in British Columbia do not own streets, lanes, or highways, therefore, their powers of control are limited only to land that they own. Controls can be exercised over private air rights development using the zoning powers of the municipal government. Special "overlay zones" or comprehensive development provisions of most zoning bylaws can be adapted to control air rights projects. Chapter V contains the conclusions and recommendations of this thesis. Individual and multiple ownership of land is permissible through the regulations of the Land Registry Act and the Strata Titles Act. Public and private agencies controlling transportation facilities are prohibited by Statute from alienating lands required for transportation purposes. It is recommended that legislation be adopted granting powers to these agencies to participate in strata developments providing the transportation facility is maintained within the development. Extension of the Strata Titles Act to include the ownership of space would provide for easier conveyancing of air rights. Feasibility studies of air rights development must be based on the long term costs and benefits rather than on costs of comparative land for conventional development. Extension of urban renewal legislation to include air rights developments would assist in mitigating against the blighting influence of freeways and railways on adjacent urban areas. Air rights development can be most effectively controlled by vesting owner-, ship of all air rights with the municipality or city. Failing this, boards consisting of representatives from agencies owning potential air rights sites should be established to insure that maximum potential of air rights above various transportation facilities is achieved. When zoning controls are used to control air rights, special provisions should be made within zoning by-laws to accommodate air rights projects. Finally, an order of priority for use of publicly controlled air rights is suggested. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

Urban renewal is the total process of replacing, repairing, and maintaining the various parts of the urban environment as required, to permit them to continue to contribute to the life of the urban area. This process involves both public and private action when the urban components become deteriorated, obsolete and suitable for alternate use, or are in danger of depreciating in condition. In this paper, however, the broad spectrum of urban renewal has not been examined, but instead, concentrated consideration has been given to public activity in this field. Federal urban renewal legislation in Canada has evolved out of a national concern about the economic consequences of the collapse of the house construction industry during the world depression of the 1930's. This concept has been altered to some extent by the recognition that not only was new construction required in new areas, but also, provision had to be made to replace and repair the older parts of the city. This broadening scope of urban renewal has been reflected in the successive revisions and amendments to the National Housing Act, from 1944 to 1966. However, the realization that urban renewal is but part of overall community planning has not yet been fully demonstrated in the Canadian federal legislation. The British North America Act has endowed the provinces with the responsibility for municipal institutions, matters of a local nature, and property and civil rights. Thus, although national economic considerations spawned the initial public urban renewal activity, the national federal government is unable to work directly with the municipalities in the provision of financial aid and technical assistance. Instead, the provinces may approve only what the municipalities initiate, and approval of applications for federal urban renewal assistance is made in the Ottawa head office of Central Mortgage and Housing Corporation. A nation-wide survey of officials involved with urban renewal at the three levels of government, confirmed that the scope of the present program needs to be broadened. Considerable dissatisfaction was also expressed with the procedural delays and the lack of co-ordination between the federal, provincial, and municipal governments. Housing is regarded as the most critical area of urban problem, with civic appearance, traffic and parking, and socio-economic conditions, in decreasing order of importance. Decentralization of federal authority, more local autonomy, and creation of a single department to deal with all urban affairs, have been suggested for reducing administrative delays. The results of this investigation have confirmed the need for general revision of the program for urban assistance. One of the principal reasons for the deficiencies of the Canadian urban renewal program appears to be the separation of responsibilities as allocated by the British North America Act. Therefore, the hypothesis is considered to be valid, namely that URBAN RENEWAL IN CANADA HAS BEEN LESS THAN TOTALLY EFFECTIVE BECAUSE OF THE CONSTITUTIONAL LIMITATIONS OF THE BRITISH NORTH AMERICA ACT. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

No description available.

No description available.