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Calgary Britannia Community Association c/o 920 Edinburgh Rd SW Calgary, AB, T2S 1L8 Ph 403 243 3782 The Britannia Caveat The City of Calgary was the original planner and developer of the Community of Britannia. As residents of Britannia attest, the plan for the community was very well thought out, allowing for wide streets, underground services, back lanes, no through streets, mixed housing densities and commercial. The plan followed the natural curve formed by the Elbow River Escarpment and accommodated a variety of lots; some with suburb views and all with plenty of green space. The character of Britannia has been defined and preserved by the Caveat registered by the city on most properties in Britannia at the time of development in 1954. The caveat: ü specifies front and side set back allowances beyond the City of Calgary Land Use Bylaw requirement ü lays out minimum home sizes; the maximum being the size of the building envelope as defined by the set back requirement ü specifies building height restrictions on perimeter lots (for example, requiring bungalow styles along the ridge) ü allows for one private attached or detached garage that conforms to the style and finishing of the home ü prevents subdivision by allowing only one single family home per lot. ü limits use to “private residential” (no business or trade).
The caveat does not address architectural elements such as style, materials, colour, fencing, decks and so forth. Because the City of Calgary has long since concluded its role as developer of the community, it will not enforce the Britannia Caveat. It is the mandate of the Britannia Community Association to ensure that all development within Britannia continue to be in accordance with the Caveat. If we, as a community, do not enforce the Caveat it may be unenforceable on future development applications. In short we will in all likelihood lose our large side yards and front yards on future developments in Britannia. It may also open the door for subdivision and higher density redevelopment of lots in Britannia within the current R1 zoning. In 1995, a home owner in Britannia was granted a development permit from the City of Calgary that allowed an extension of his home which did not comply with the side yard requirements set out in the Britannia Caveat. An application was made to the Alberta Court of Queen’s Bench by community members, with the assistance of the Britannia Community Association, to prevent the development from proceeding. The community was successful in obtaining a permanent injunction prohibiting the development from proceeding. When deciding in favour of the community, Madam Justice Rawlins of the Court of Queen’s Bench clearly indicated that the Britannia Caveat constituted a valid restrictive covenant which was enforceable by other community members. She further found that there was no conflict between the City’s land use bylaws and the Caveat given that the City bylaws only set permissible, not obligatory, development standards. Thus even though the City bylaws may permit certain building schemes, the Britannia Caveat may not and it is this Caveat that must be complied with when building in Britannia. Justice Rawlins also indicated that if the community wished to maintain the Caveat that they would have to diligently ensure that all building permit applications complied with the Caveat, which the board has taken great effort to do. To that end, the Britannia Community Association has established a Caveat Preservation Fund through the collection of donations from community residents. The fund is considered sufficient to defend one breach of the caveat in a court of law if necessary. It is also used to seek legal advice and conduct related research. Volunteer members of the Development Committee of the Britannia Community Association: ü Provide information about the caveat and advice at the early stages of planning as to what is required to comply with the caveat ü Review plans circulated by the city before development permits are approved ü Communicate with the homeowner or designers/architects if the plans as reviewed do not comply ü File appeals with the City of Calgary’s Sub-Division Appeal Board ü Coordinate individual homeowners within Britannia to act as plaintiffs to defend the caveat, should a breach occur or be imminent. It must be emphasized that in the vast majority of cases, the plans are adjusted to comply with the caveat without the requirement of legal action. Britannia is a desirable neighbourhood because the Caveat has been maintained; new residents should be aware that the Caveat exists because it is registered on their title. Designers and architects have a responsibility to prepare plans that comply with the caveat as well as the City of Calgary Land Use By-law. And realtors and real estate lawyers have a professional duty to inform potential purchasers of the existence of the caveat before their clients purchase in this community. If you are planning to build a new home, or are renovating such that the exterior would be altered, thus requiring a development permit from the city of Calgary, you should first research the caveat as it is registered on your own property title and then submit your preliminary plans to the Development Committee before proceeding with your DP application. Assuming that the plans comply with the caveat, the Development Committee also strongly advises that residents planning to build or renovate discuss their plans with their immediate neighbours and obtain signatures of support. Individuals also have the right to file an appeal with the sub-division appeal board and may argue that the proposed development is out of context for their street on a variety of grounds. Links: Go to www.calgary.ca and follow the links through City Business to Planning & Building for information on the permit process. Land Use ByLaw: http://www.calgary.ca/portal/server.pt/gateway/PTARGS_0_2_527165_0_0_18/Calgary+Land+Use+Bylaw.htm
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