Abstract
Taking inspiration from Alex Lehrnerer, we examined 12 land use rules in the City of Calgary, with attention to their legal basis, and practical outcomes for the built environment. This paper considers a handful of these rules, and critically analyzes how rules shape the urban form and the city, both purposively and unintentionally. Far from a unilateral imposition of power, the relationship between law and design is bilateral, with both components exerting influence on the other. For example, the common law principle of the right to light was explicitly excluded at the provincial level in Alberta. However In Calgary, bylaws and community specific plans create distinct rights to sunlight not found everywhere in the city. In a residential context, the right to sunlight is used to contest a neighbour’s addition or an increase in density. Another example of rules shaping the urban form is found in areas transitioning from lower to higher densities. In these transition areas, rules restrict the floor plate above but require more density below. This is driven by design considerations for better street frontage and flexibility for a mix of uses at the higher levels. One such example is the Centre City East Village Transition District. By analyzing these examples, we demonstrate the way in which law is applied, as well as obfuscated and manipulated, by those who implement it. Rather than a mechanical application of rules, the intersection of law and design is a creative undertaking, negotiation of interests, and expression of values.
Presenters
Benjamin SasgesStudent, Juris Doctor (JD), University of Calgary, Alberta, Canada Kirandeep Kaur
Graduate Assistant - Research, School of Architecture Planning and Landscape, University of Calgary, Alberta, Canada
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
Town Planning, Regional Planning, Stakeholders, Land Use, Law, Legislation
