Ontario’s Planning Act (Section 50) grants the City the authority to pass a By-law to exempt lands within a Plan of Subdivision from the Part Lot Control provisions in the Act. This process is used to lift Part Lot Control restrictions from lands within registered plans of subdivision to create parcels for sale. It usually is used for townhouse developments after construction has started to accurately set the boundary lines between the townhouse units.
Part Lot Control Exemption applications are alternative forms of land division to Plans of Subdivision and Consents for Severance. The Part Lot Control Exemption By-law will usually be in place for a fixed period of time, after which the By-law will expire and the Part Lot Control provisions of the Planning Act come into force and effect.
The level of detail required for most of the application requirements can vary, depending on the nature of your property and your proposal. In some cases, a single-page letter from a qualified expert will be adequate, while in other situations a major study will be necessary.
The planner will advise what other appropriate plans/drawings may be required to properly evaluate the application. As-built drawings for Part Lot Control Exemption are strongly encouraged at the time of submission.
To ensure the City’s interests are met and to appropriately assess the merits and technical aspects of your proposal, the City requires submission of several information items with your application.
All submissions must include the completed documents listed on the Forms webpage. The process for submitting a planning application to the City is as follows:
After receiving your submission (which includes all application requirements and payment), the City will circulate your application to City divisions and external agencies. Within 30 days of your submission, you will receive a written notification as to whether the City has received all the necessary information and materials to commence the application review process. You are encouraged to submit all outstanding information and material as one comprehensive package.
Your application will be circulated to a number of City Divisions and/or Agencies, Boards and Commissions for detailed technical review and comment.
Depending upon the circumstances of your property, various external agencies may also be asked to comment on your proposal. For example, if your property is close to a watercourse, the Toronto and Region Conservation Authority will be asked for their input and/or approval (a service for which the TRCA charges). If your property is next to a rail line, the appropriate rail authority will be asked to comment. Refer to the External Agencies, Boards and Commissions page for a list of external agencies that may be asked to comment on your application.
The planner assigned to your application will co-ordinate responses from the circulation. These responses will be forwarded for you to consider as you revise your proposal.
In response to the comments on your initial submission, you may be asked to revise your proposal and/or provide additional information and material. Revised and/or additional information and material should be discussed and co-ordinated with the planner and resubmitted through Toronto Building customer service staff.
You will be asked to include a covering letter with all resubmissions that clearly indicates how and where your proposal has been revised and, if appropriate, why any requested revisions were not made.
This step in the process involves:
These steps may be repeated until your application is finalized.
Once your application has been finalized, the City will hold a meeting to consider your request for Part Lot Control Exemption.
This responsibility has been assigned to the four Community Councils and/or the Planning and Housing Committee. City staff will prepare and submit a report for Community Council, containing recommendations that City Council pass a By-law to exempt your property from Part Lot Control, subject to any appropriate conditions.
Community Councils and/or the Planning and Housing Committee are empowered to make recommendations on your application to City Council. Based on these recommendations, City Council may decide to enact a By-law that would exempt your property from Part Lot Control, subject to you satisfying any appropriate conditions. You can then begin to satisfy these conditions.
Once you have satisfied any conditions, City Council will then bring forward a Part Lot Control Exemption By-law for enactment. This By-law will be registered on title.
*Words in bold are defined in the Glossary of Terms.