From farms to suburbs
Subtitle: controlling land subdivision
By: by Eran S. Kaplinsky.
Published: 2006
Language: eng
Number of pages: 267
ISBN-13: 9780494158326
Description: As an instrument of community planning, subdivision control is anomalous in restricting the creation of new interests in, rather than the use of land. Given the legal recognition of public land use controls (e.g., zoning), the demand for subdivision control is best explained by the anticipated increase in transaction costs that must be incurred for the purpose of coordinating the actions of multiple owners in the course of future land use changes, as a result of the severance of unitary ownership and control of land.The thesis identifies three primary functions of subdivision control: first, to allow municipalities to refuse subdivision in circumstances where actual development or mere fragmentation of land is considered detrimental to the interests of the community; second, to exercise control over the form and design of new neighbourhoods; and third, to ensure equitable and efficient apportionment of the costs of proposed development by shifting responsibility to the development sector. The thesis strives to re-conceptualize the balance between public and private control, by comparing the efficacy of various controls within the context of the goals identified, and by focusing on the role of price signals in the approval and development process.However, developers private plans of subdivision are also properly viewed as deliberate attempts to coordinate anticipated land uses within the area of the plan, in accordance with one or more unifying principles designed to control externalities and produce synergies. Furthermore, subdividers can supplement their plans with private land use controls and hierarchical institutions (e.g., restrictive covenants and homeowner associations) designed to reduce future transaction costs.In addition, the thesis analyzes current and historic practices, and confirms what some courts have already noted: a trend of increasing stringency of subdivision controls. Further, subdivision controls are sometimes used to promote interests not traditionally affiliated with land use regulation, including aesthetics, social relations, and even personal fitness. The legislative failure to define the scope of subdivision control justifies administrative or judicial review of local controls, all the more so since the parties most affected by regulation, i.e, owners of developable land and prospective buyers, are politically under-represented.
Notes: Source: Dissertation Abstracts International, Volume: 67-06, Section: A, page: 2299.

Thesis (S.J.D.)--University of Toronto, 2006.

Includes bibliographic references.

Electronic version licensed for access by U. of T. users.