Part Lot Control Exemption Applications
Section 50 of the Planning Act 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. 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.
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 a number of information items with your application(s).
These are outlined below as Submission Requirements (those that will be required for the majority of applications).
A pre-application consultation meeting is recommended to assist in determining which of these requirements must be provided as part of your initial application submission in order for it to be considered a complete application.
The City will endeavour to review your application and render a decision within the STAR target timelines. The City’s commitment to the STAR target timelines will only begin once a complete application submission is received.
The level of detail required for most of the reports/studies listed below 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 requirement and scope of any reports/studies can be assessed during your pre-application consultation meeting.
All submissions must include a covering memo indicating all submitted materials along with either Planning Application Checklist, OR the Pre-Application Consultation Checklist received from your Pre-Application meeting.
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.
You are strongly encouraged to take advantage of Pre-Application Consultation as it will save you time and money as you proceed through the review process.
Speak to the Planning Consultant at your local district office before you complete and submit your application(s). The Planning Consultant will provide preliminary information and may also direct you to speak with other appropriate staff involved in development review. This will be followed by a more formal Pre-Application Consultation meeting arranged through a Planner.
The purpose of a Pre-Application Consultation is to identify key issues, required approvals, supporting drawings and reports and studies that will be required for your formal submission to achieve complete application status in accordance with the Planning Act and the Toronto Official Plan.
Following the meeting, you will receive a completed Planning Application Checklist that will confirm what information and materials you need to include in your formal application submission.
Submission of Application
After receiving your application and application fees, the City will:
- Circulate your application to City divisions and external agencies for detailed technical review and comment (refer to Application Circulation section below); and
- Issue written confirmation on the completeness of your application submission and assign it a STAR stream (refer to Complete Application Confirmation section below).
Complete Application Confirmation
Within 30 days of payment of the application fee, you will be advised in writing as to:
- the completeness or incompleteness of your application
- the assigned STAR stream and application file number
A complete application submission will allow a more efficient and comprehensive review of all supporting material by the City and will trigger the City’s commitment to meet the STAR target timelines. Part Lot Control Exemption applications will be assigned a STAR Stream of “Routine” and are targeted for a decision within 4 months from a complete application submission.
You are encouraged to submit all outstanding information and material as one comprehensive package. The City will process all applications to the greatest extent possible, however the City’s STAR target timeline commitments for review of your application will only commence once a complete application is received.
Your application will be circulated to a number of City Divisions and/or Agencies, Boards and Commissions for detailed technical review and comment. A complete application submission allows staff to undertake a more comprehensive review of your proposal and will help to reduce overall processing times.
The STAR process targets the first internal comments be provided to the City Planning Division within 6 weeks of the initial application submission.
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.
Community Consultation Meeting
Although not required by the Planning Act, and it is rare for these applications, staff may hold a meeting with the local community on your Part Lot Control Exemption application. The meeting is organized by Planning staff and usually attended by the Ward Councillor.
The meeting provides staff an opportunity to outline the planning process to the local community and provide you an opportunity to publicly present your proposal. It also provides the local community an opportunity to comment on the proposal. This input is taken into account by City staff when discussing revisions to your proposal.
Technical review of your application will continue during this process.
Response to Applicant
The Planner assigned to your application(s) co-ordinates responses from the circulation and any comments received from the Ward Councillor and local community. These responses will then be forwarded to you for the purpose of revising your proposal.
While the Planner may provide you with early responses from City divisions, the STAR process targets the Planner to give you a response within 7 weeks of your application submission.
Application Revision and Resubmission
In response to the comments on your initial submission, you may be required to revise your proposal and/or provide additional information and material. Revised and/or additional information and material should be discussed, co-ordinated and submitted to the Planner.
- You must 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.
- The target timelines of the STAR process assume you will make an appropriate resubmission to the City within 4 weeks of being advised that additional information and/or material is required. Should this not occur, the STAR target timelines may not be met.
It is during this step that the value of Pre-Application Consultation and the submission of a complete application is realized. The time and cost incurred by you from additional cycles of revisions and resubmissions can be significantly reduced by these actions.
Recirculation, Consultation, Further Revisions and Finalization of Application
This step in the process involves:
- Recirculating your revised proposal to the City Divisions, and/or Agencies, Boards and Commissions that need to review the changes;
- Holding further discussions over new material and/or technical matters;
- Conducting further consultations with the Ward Councillor or the local community;
- Undertaking subsequent resubmissions and recirculations arising from these considerations.
These steps may be repeated until your application is finalized.
Staff Report to Community Council
Once your application has been finalized, the City will hold a meeting to consider it for Part Lot Control Exemption. This responsibility has been assigned to the four Community Councils and/or the Planning and Growth Management Committee. A brief report is prepared for Community Council usually containing the recommendation that City Council pass a By-law to exempt your property from Part Lot Control, subject to any appropriate conditions.
City Council Decision
Community Councils and/or the Planning and Growth Management 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.
- The STAR process target for Community Council and/or Planning and Growth Management Committee to consider your application is within 4 months of a complete application submission.
City Council Enacts the Part Lot Control Exemption By-law
Once you have satisfied the conditions, City Council will then bring forward a Part Lot Control Exemption By-law for enactment. This By-law will be registered on title.