04/22/2026
Interesting listening to Council yesterday talking about not allowing Direct Control (DC) applications to establish a strong policy conflict on Restrictive Caveats in areas like Parkdale and Banff Trail. Then they rejected two DC applications. Essentially removing the mechanism previous Council's have used to allow developers to get the caveats removed.
Many of these Restrictive Covenants were put in place by the City of Calgary over 100 years ago, restricting the lands to allow only one building on them. Every garage in these areas is a breach of the Caveat, but neighbours to redevelopment projects are using the Restrictive Covenant to stop new multi-family and mixed use builds.
The Province and the City need to address these Restrictive Covenants as a whole. They conflict with the Local Area Plan and Area Redevelopment Plans in the area that propose multi-storey, multi-family development in Transit Oriented Development (TOD) areas.
Now that Council is rejecting DCs needed to establish a clear conflict so the landowner can then go to Provincial Court to have the Restrictive Covenant removed, there needs to be a path forward soon or these areas will remain sterilized for development.
Bottom line right now? Include land planning reviews in your due diligence before purchasing individual parcels or assemblies in inner-city / established area communities and don't assume you can remove the caveat with a DC rezoning.
Know cluster areas of these Restrictive Covenants include: Banff Trail, Capital Hill, Tuxedo (less prevalent but some clusters)., Parkdale, Mount Royal, St. Andres Heights, Montgomery (parts), Hillhurst, West Hillhurst, Hounsfield Heights / Briar Hill, Altadore, Killarney, and older sections of North Glenmore Park. This list is not complete, but a general guide.
If you would like assistance with a pre-purchase planning review, contact us and we'll help you understand what you can build on a parcel, what is likely to get approved, and if a Restrictive Caveat is going to interfere with your development plans.