Legislative History: Enacted June 11, 2019 (By-law No. CPOL.-392-153)
Last Review Date: July 25, 2023
Service Area Lead: Director, Planning and Development
1. Policy Statement
The Part-Lot Control Exemption Policy is established to guide the consideration of requests for exemption to Part-Lot Control. In Ontario, the subdivision of land is governed by the Planning Act. Under this legislation, lot creation is permitted through the approval of a plan of subdivision, the granting of a Consent (commonly described as a “severance”) or, for lots within a registered plan of subdivision, through a by-law exemption from Part-Lot Control.
2. Definitions
Not applicable.
3. Applicability
This policy applies to all applications for exemption from Part-Lot Control. Exemption from part-lot control is appropriate when a number of land transactions are involved and the resulting changes will not affect the nature or character of the subdivision.
4. The Policy
4.1 Objective
The primary objective of the policy is to ensure that any by-law passed by the Municipality to exempt all, or parts of registered plans of subdivision from part-lot control is in accordance with the provisions of the Planning Act, Section 50(28) of the Planning Act, R.S.O. 1990, c.P13, includes provisions to ensure that part of a lot or block within a registered plan of subdivision cannot be transferred without the approval of the municipality. The part-lot control provisions of the Planning Act allows a municipality to pass by-laws to remove part-lot control from all or any part of a registered plan of subdivision. Such a by-law has the effect of allowing the conveyance of a portion of a lot or block.
4.2 Exemption requests
Requests for exemption to Part-Lot Control will be considered as follows:
a) appropriately zoned lots and blocks of registered plans of subdivision may be exempted from part-lot control for the purpose of establishing individual properties for conveyance or other purposes where municipal services or agreements for extension of services are in place;
b) exemption from part-lot control is used to implement the intended lotting of a portion of a registered plan where the complete division of land was not practical at the time of subdivision approval and registration;
c) the nature and character of the subdivision are not to be changed by part-lot control exemption from that which was established by the subdivision plan and zoning by-law;
d) the removal of part-lot control is appropriate when a series of land divisions is necessary to allow sale of the constructed buildings and associated part-lots;
e) references will be made to the land severance guidelines, guidelines for private streets, and other pertinent policies when considering the appropriateness of exemption; and
f) the registration costs of by-laws passed at the request of the developer or subdivider, to exempt lands from part-lot control, will be borne by the applicant.