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Development application review process

Planning and Heritage Applications Procedure Update - July 21, 2020

As we continue to move forward during these challenging times, Planning, Infrastructure and Economic Development (PIED) has some further clarification to share. The below details contain instructions on the following:

Planning and Heritage Applications

  • Submitting new applications
  • Application Fees and Payments (cheque by mail or in person at a Client Service Centres)
  • Legal Fees and Payments (EFTs / Wire Transfer and Interac E-Transfer)
  • Post Approval Fees
  • Securities
  • Insurance Certificates
  • Commence Work Notifications

Planning and Heritage Applications

Submission of Applications

  • Electronic submission of planning applications will be accepted going forward. Please send them directly to the Planning Circulations inbox (planningcirculations@ottawa.ca).
    • As of July 6, Applicants are able to make an appointment and visit City Hall or Ben Franklin Place, in person, for the below services:
  • Electronic submission of heritage applications will be accepted going forward. Please send them to the File Lead or the heritage inbox (heritage@ottawa.ca).
  • Any additional steps in the approval process will also be completed electronically, except for required legislated hard copies. The courier services at the City of Ottawa are still unaffected at this time and can continue to be used (Open from 8 am to 4 pm)
  • Development, water and road cut field inspections continue
  • While staff begin the review of applications submitted digitally, paper copies of certain plans or legislatively required documentation may be requested in the future. Your File Lead will make arrangements to obtain these documents on a case by case basis.

Application Fees and Payments

Payments by Cheque

Client Service Centres, as of July 6, once again began handling payments for new applications and some associated application fees including recirculation and Committee of Adjustment Cash in Lieu of Parkland fees. 

To make a payment for one of the above noted fees, you can either:

  1. Make an appointment to pay in person at a Client Service Centre - City Hall, 110 Laurier Avenue West or Ben Franklin Place, 101, promenade Centrepointe (only for Planning Applications)
  2. Mail in the payment (Planning and Heritage Applications) ensuring the following details are on the envelope or it cannot be processed:

Your Company Name:
Application Number:
Client Service Centre
101 Centrepointe Drive
Ottawa, Ontario K2G 5K7

Electronic Fund Transfer (EFT) / Wire Transfer

Effective immediately, Electronic Fund Transfers (EFTs) and Wire Transfers will no longer be an accepted form of payment except for Legal Fees and Disbursements. Any EFTs sent after July 31, 2020 will be returned.

Legal Fees and Disbursement Payments

After the application has been approved and the matter has been assigned to Legal Services, the assigned Law Clerk can provide details on funds owing, Legal File Number and information regarding how to make a payment by EFT, Wire Transfer or Interac E-Transfer. A Legal File number is required prior to providing payment. A cheque is no longer a permitted option for payment.

Post-Approval Design Review & Inspection Fees and Special Charges

Not to include the above Legal Fees and Disbursement

Can be paid by placing a certified cheque or bank draft (ensuring the payer’s name and mailing address are identified on the cheque or draft) with a copy of the Financial Schedules (B / C) in the drop box located at 100 Constellation. An email must be sent to the File Lead, cc’ing the Law Clerk, to confirm the payment is correct before submitting.

Effective immediately, Electronic Fund Transfers (EFTs) and Wire Transfers will no longer be an accepted form of payment for Post-Approval fees. Any EFTs sent after July 31, 2020 will be returned.

The following must be on your envelope or it will not be processed:

Your Company Name
Post Approval Fees
Application Number
City Hall, 110 Laurier
Mail Code: 01-14

Securities

These can be paid by:

  1. Placing a certified cheque or bank draft (ensuring the payer’s name and mailing address are identified on the cheque or draft) or hard copy Letter of Credit (LC) in the drop box with a copy of the Financial Schedules (B / C). An email must be sent to the File Lead, cc’ing the Law Clerk, to confirm the LC, certified cheque or bank draft is acceptable before submitting. The following must be on the envelope or it will not be processed:

Your Company Name:
Letter of Credit
Application Number:
City Hall, 110 LaurierAvenue
Mail Code: 01-14

 2.  The City is now accepting electronic Letters of Credit for planning applications. Legal Services will include information on this option within new agreement packages going out and can be contacted regarding this option for      agreements that have already gone out, but you wish to use this option.

Insurance Certificates

Can be submitted in PDF by email to the File Lead and assigned Law Clerk for review, confirmation and processing. Certificates can also be submitted to the drop box, located at 100 Constellation, ensuring the following details are on the envelope or it will not be processed.

Your Company Name:
Insurance Certificate
Application Number:
City Hall, 110 Laurier
Mail Code: 01-14

Commence Work Notifications

Commence work notifications will continue to be sent electronically, however, two sets of folded plans in hard copy will now be required for Development Inspections staff. The assigned Project Manager / Senior Engineer will include a request for these plans at the time of providing the commence work notification. Plans are to be directed to:

Attn: Matthew Wilson
Ben Franklin Place
101 Centrepointe Drive
Mail Code: 04-14
Ottawa ON K2G 5K7

The City has confirmed that Canada Post and the City’s internal mail services operations are still providing the required services. Although slight delays may be experienced, there is not any additional time intentionally added to the process. This is the preferred method of delivery for all documents that can not be submitted digitally to the City.

If you have any questions or concerns, please reach out as follows:

Planning Services - please send to the File Lead or the Planning Circulations inbox: planningcirculations@ottawa.ca

Heritage Services - please send to the File Lead or the heritage inbox: heritage@ottawa.ca

Thank you,

Stephen Willis, MCIP, RPP
General Manager 

Planning, Infrastructure and Economic Development 
City of Ottawa 
110 Laurier Avenue West 
Ottawa (Ontario) K1P 1J1
613-580-2424, ext 16150
FAX: 613-560-1273
Email: Stephen.Willis@ottawa.ca

Steps in the process

Development is a very broad term that encompasses activities that result in a change of land use or the construction or addition to a building(s) or to the creation of a parcel of land. Outlined in this section is a step-by-step guide through the development application review process.

Before beginning the Development Review Process with the City, we strongly encourage you to contact staff to receive information that could save you time and money as you proceed through the review process.

The Development Review Process includes:

  • Pre-application Consultation
  • Development Application Submission
  • Community and Agency Notification
  • Decisions
  • Post Approval

Although pre-application consultation is not mandatory for applications, the City strongly encourages applicants to contact staff to discuss their proposal prior to submitting a formal application. If you fail to consult with staff, the City cannot guarantee the completeness or accuracy of your application submission, that may result in processing delays. Discussing proposals with staff will also ensure that the applicant is aware of associated fees, technical requirements and processing information.

Please note that you are quite welcome to contact staff informally before fulfilling the City’s pre-application consultation requirements if you require further information or clarification, or if you are developing land for the first time.

Pre-application consultation

Information for development applicants

Planning applications during COVID-19

Online Pre-application Consultation Form

Checklist for Applicants [ PDF 96 KB ]

Development Application Fees 

PDF Documents - Download in .pdf format and read it with Adobe Acrobat.

Please note that you are quite welcome to contact staff informally before fulfilling the City’s pre-application consultation requirements if you require further information or clarification, or if you are developing land for the first time.

Please contact one of the Planner IIIs if you are uncertain whether pre-application consultation applies to your proposal, or if you have questions related to this process. Use the City’s ward mapping and/or Development Review Areas map to verify the location of your development property.

Development Areas Planner III / Pre-application consultation contact: Manager

Central (Wards 12, 13, 14, 15, 17)

Simon Deiaco or Andrew McCreight

Saide Sayah

East (Wards 1, 2, 11, urban part of 19)

Michael Boughton

Jeff McEwen

West (Wards 4, 6, 7, 8, 9, 23)

Mark Young

Erin O'Connell (A)

South (Wards 3, 10, 16, 18, 22)

Sean Moore 

Lily Xu

Rural (Wards 5, rural part of 19, 20, 21)

Cheryl McWilliams

Adam Brown

An applicant must complete the following pre-application consultation process with the City before applying for any of the following development applications:

A formal application is required to initiate a mandatory Pre-application Consultation.  The fee is not subject to HST.

This fee is fully refundable upon receipt of a development application for the same lands for which the pre-application consultation occurred, provided that the development application is received within (12) twelve months of the date of the submission of the pre-application consultation.

The fee is non-refundable if no development application is submitted within 12 (twelve) months from the date that the pre-application consultation form was submitted.  

Although pre-application consultation is not mandatory for all applications, the City strongly encourages applicants to contact staff to discuss their proposal prior to submitting a formal application. If you fail to consult with staff, the City cannot guarantee the completeness or accuracy of your application submission, that may result in processing delays. Discussing proposals with staff will also ensure that the applicant is aware of associated fees, technical requirements, and processing information. The fee does not apply for any pre-application consultations that are not mandatory. 

Pre-application Consultation

The pre-application process is designed to help promote the exchange of information and development considerations early in the planning process. A key outcome of this process is a customized list of the studies and plans required in support of a development application. Topics for discussion may include land use policies and guidelines, zoning information, public consultation, transportation and engineering requirements, development review, application fees, and other issues. Applicants should review the checklist to assist with preparing their submission for a pre-application consultation.

Below are the general steps of the pre-application consultation process

  1. If you are submitting a mandatory pre-application consultation form, this should be submitted at one of the City’s Client Service Centres with the required fee.Save an Adobe .pdf copy of the form. Email the form, a simple concept plan illustrating the proposal and the Transportation Impact Assessment Step 1 (Screening) to the correct Planner III with the subject line Pre-application Consultation Request.
  2. The file lead assigned to manage the review of your proposal will contact you within 3 business days to acknowledge receiving your application and advise if enough information has been provided. If not enough preliminary information is provided, you will be advised to obtain more information and re-submit the application.
  3. Once the file lead has reviewed the form and made any corrections or additions, they will email you to organize the pre-application consultation meeting. In most cases, a meeting will be held within 10-15 business days following the submission of the pre-application consultation form. 
  4. Be prepared to discuss the proposal in detail at the pre-application consultation meeting. The applicant is strongly encouraged to ask questions and highlight potential concerns during the meeting. Don't be shy about asking questions.
  5. The staff assigned to review the proposal will email a Study and Plan Identification List to the applicant no more than five business days following the pre-application consultation meeting.

Contact Us

If you require assistance using an electronic application form please contact a development information officer, located at any of the client service centres. You can make an appointment by calling 3-1-1 and asking to speak with a development information officer.

If you would like to speak with planning staff please contact the appropriate development review program manager by calling 3-1-1 or locate them online.

Community and agency notification

Community Heads Up

The assigned staff will contact the Ward Councillor and community organizations who have requested pre-consultation; a meeting may be requested by either party with the applicant at this stage. 

The technical circulation and public notification of the application follows this notification but may be delayed until after the meeting to allow for changes to be made to the application. 

Circulation

The assigned staff circulates the application to:

  • The Ward Councillor
  • Various public bodies
  • Internal and external technical agencies
  • Community associations within the area

The package includes a brief description of the proposed development with a location map and plans where applicable; a period of 28 days from the date of the mailing of the notice is provided for comments to be submitted to the assigned staff.

Applications for Site Plan Control Approval, under the delegated authority of the assigned staff; Part Lot Control with no public consultation; Lifting of 30 cm Reserves; and Lifting of Holding By-laws are only circulated to Ward Councillors and technical agencies.  Comments are required within 14 or 21 days from the date of the notice.

  • Development Application Search Tool
  • See individual development applications for timing.

On-site SignDevelopment application on-site sign

The majority of development applications require that notification be provided to the public and community organizations by way of an on-site sign. The City ensures the quality control of these signs and is responsible for the production, posting, maintenance and removal of a sign in accordance with the City's standards.

For subdivision proposals, once the date, location and time of public meeting are confirmed, this information is also affixed to the sign.

The sign remains on the site until a decision is rendered on the application. In certain cases such as a rural setting/greenfield area where a sign may not be effective, staff may complete a mail notice to advise the area residents/land owners of the application.

Community Information and Comment Session

Plan of Subdivision applications are legislated to have one public meeting.  For other applications, the Ward Councillor or the applicant may request that staff hold a community information session to hear comments and concerns, provide technical clarification and to explain the development review process. Notice of the session is sent to the organizations and members of the public who provided comments at an earlier stage in the process. This notice may also include an advertisement in the local newspaper. At these sessions, the applicant and or the applicant's agents present details about the proposed development.

Staff work with the applicant, Ward Councillor, community organizations and the general public to resolve any issues or problems identified with the application.  Following this resolution, the assigned staff prepares either a Departmental Delegated Authority Report, in the case of delegated approvals, or a Departmental Committee Report for applications not under delegated authority or where delegated authority has been withdrawn. These reports establish the Department's position on the application.

All comments and positions received from the public are summarized and community organization comments are identified separately and are responded to in a Delegated Authority Report or Committee Report.

Development Application Decisions

Notice of Decision by Staff (Applications Under Delegated Authority)

For Plans of Subdivision, Condominium Applications and Site Plan Control Approvals, under the authority of the General Manager (Director), the Delegated Authority Report, including the conditions of approval, is sent electronically to the Ward Councillor and applicant for concurrence before signing by the General Manager (Director) or their delegate. If the Councillor and applicant agree with the recommendation, the report is signed.

For Plans of Subdivision, the applicant, owners and any person or public body that requested to be notified or who made a verbal or written submission at the public meeting will be notified of the decision of the General Manager (Director) within 15 days and have 20 days to submit an appeal.

For certain applications including Site Plan Control Approvals (under the authority of the assigned staff), Lifting of 30 cm Reserves, Lifting of Part Lot Control, Removal of a Holding Zone or Road Closures, the Delegated Authority Report, is signed without a requirement for review by the Ward Councillor: notice of the decision is sent to the ward Councillor and to those who submitted comments on the application or who requested to be notified of the decision.

For Removal of a Holding Zone, notice of the decision (Notice of Intent to Pass a By-law) is sent to every landowner to which the By-law would apply and to every person or public body who requested to be notified and it is advertised in The Ottawa Community News and Le Droit if the Holding Zone applies to a large geographical area and there are numerous landowners. 

Notice of Public Meeting

  • Official Plan and Zoning By-law Amendments.  The Statutory Public Meetings as required by the Planning Act will be held at the Planning and/or Agriculture and Rural Affairs Committee Meetings.
  • Plan of Subdivision, Site Plan Control, Plan of Condominium and Part Lot Control and Road Openings when delegated authority has been withdrawn will also be held at the Planning and/or Agriculture and Rural Affairs Committee Meetings.
  • The Ward Councillor, the applicant, community organizations and members of the public who have requested to be notified of the meeting, will be sent written notification of the meeting and a copy of the Departmental Report 10 days before the Committee Meeting.

A listing of the reports to be considered by the Committee is advertised in EMC community newspapers and Le Droit on the Thursday of the week before the Committee meeting. The Departmental Reports are also available via the City's Web site one week before the Committee meeting.

Official Plan and Zoning By-law Amendments

For site-specific Official Plan Amendments and Zoning By-law Amendments, notification by mail is used instead of a newspaper advertisement of the public meeting notice. For city wide or area wide amendments (either Official Plan Amendments or Zoning By-law Amendments) bilingual advertising will be undertaken in local newspapers.

Plans of Subdivision

For Plans of Subdivision a public meeting is held in the community unless delegated authority has been withdrawn, in which case the City Committee will hold the public meeting. Notice of the application and of the public meeting will involve sending a notice to all property owners within 120 metres of the proposed subdivision, all affected community organizations and the posting of an on-site sign at least 14 days before the meeting. Staff may also place advertisements in the local community newspaper.

Road or Lane Closures

Written notice of the staff decision on the application is sent to all members of the public and community organizations who responded to the written notice by mail at the beginning of the process.

Upon Council approval of conveyance price and concurrence by the applicant, the Intent to Close is advertised or the affected owners are notified.

Notice of Decision by Committee or Council

Members of the public can attend the Committee meeting or send a written submission. At the Committee meeting, representatives of community organizations and the general public can address the Committee to outline their concerns or support for the application. Members of the public cannot address Council meetings.

Once the Committee has made a decision on a development application that requires City Council approval, their recommendations are forwarded to City Council for a final decision. Since City Council may agree, amend or overturn the recommendations of the Committee, community organizations are encouraged to monitor the development application up to and including consideration of the matter by City Council. The City Clerk will advise the applicant of Council's decision.

For Official Plan Amendments, all persons who requested to be notified or who made oral or written submission at the Committee will be notified of the adoption of the Amendment by City Council within 15 days of the Council passage of the by-law. They have 20 days to submit an appeal to the Local Planning Appeal Tribunal (LPAT).

For Zoning By-law Amendments, if a by-law is passed by City Council, notice of the passage is undertaken within 15 days either by mail to landowners within 120 metres of the site, plus other persons or community organizations who made verbal or written submissions at the Committee or by advertising in the English and French newspapers; 20 days are allowed for appeals.

For Plan of Subdivision applications, the applicant, owners and any person or public body that requested to be notified will be notified of the decision within 15 days and have 20 days to appeal, after the Manager has granted approval.

For all other applications where a decision is made by Committee or Council, no notice of that decision is provided to the public. Decisions of City Council can be viewed approximately two weeks later.

Planning Committee and Agricultural and Rural Affairs Committee

What Is the Planning Committee?

The Planning Committee is a group of 10 Councillors chosen by City Council. They meet to review and make decisions on the merits of development applications and policy with an urban focus and to ensure a fair and efficient process. One Councillor is appointed as the Chair of the Committee. There is also a Vice Chair. Other Councillors, not on the Committee, can attend meetings and ask questions.

What Is the Agriculture and Rural Affairs Committee?

The Agricultural and Rural Affairs Committee is a group of five Councillors chosen by City Council. They meet to review and make decisions on the merits of development applications and policy with a rural focus and to ensure a fair and efficient process. One Councillor is appointed as the Chair of the Committee. There is also a Vice Chair. Other Councillors, not on the Committee, can attend meetings and ask questions.

When and Where Do the Committees Meet?

The Planning Committee meets the second and fourth Thursday of each month at 9:30 am in the Champlain Room at City Hall, 110 Laurier Avenue in downtown Ottawa. In January, March, July, August and December, the committee meets once a month.

The Agricultural and Rural Affairs Committee meets the first Thursday of each month at 10 am usually in the Chambers, Ben Franklin Place, 101 Centrepointe Drive.

Committee meetings are open to the public and to presentations by members of the public and community organizations.

How the Committee Meeting Is Organized: The Agenda

The Committee meeting is organized around the agenda, a volume of staff reports dealing with each of the items or applications that require action by the Committee. The agenda is available 10 days before the meeting. You or your community organization can request a copy of the staff report on a particular application by contacting the assigned Planner in charge of that application. As well, if an individual or community organization provided comments on the application, a copy of the report will be sent electronically or by mail.

Before each Committee meeting, copies of the agenda are made available on a table at the entrance of the room where the meeting is being held. You may request a copy of the agenda.

The list of items to be discussed on each agenda is published on the City's website the Friday before the Committee meeting.

The agendas of previous Committee meetings with complete reports and decisions made at those meetings are also accessible online.

Staff Reports:

A written report prepared by City staff accompanies each item on the Planning Committee agenda. There is a standard format for these reports and each one includes the following sections:

  • Subject (the municipal address and type of application)
  • Report Recommendation (to approve or not approve the application)
  • Background (background points or additional information)
  • Discussion or Analysis (key points for discussion by the Committee)
  • Rural Implications (key points on rural impacts)
  • Consultation (summary of comments from circulated community organizations and agencies)
  • Financial Implications (impacts on operating or capital budgets)
  • Application Process (time frame application was processed in)
  • Attachments, where applicable (supporting documentation for Committee)
  • Disposition (City Department for implementation)

The front section of the Committee Report listing the individual items requiring approval of the Committee and the recommendations associated with those items appears in both English and French while the body of the report is in English.

Certain reports, depending on their nature, include an Executive Summary that is translated in French,  and some reports are fully translated to have separate English and French versions.

The Consent Agenda

The meeting will start with the Committee going through the Consent Agenda. The Committee will hold items to consider them if there are:

  • staff presentations, and/or
  • public delegations registered to speak, and/or
  • questions from Committee members

Otherwise, the Committee will consent to approve the items without discussion, which may include those with minor technical amendments

Making a Presentation to the Committee

Any individual or group is welcome to make a presentation to the Committee. Presentations are made in the same order of the items or applications as they appear on the meeting agenda for that particular session. However, the Committee does have the flexibility to change the order of the items.

When the Committee reaches an item on the agenda, they will often ask to first hear from staff and then hear presentations from interested individuals or community organizations. If it is a controversial application, there can be a number of presentations. The Committee will hear all of the presentations.

If you would like to make a presentation or a statement to the Committee, fill out a form that is available on a table at the entrance of the meeting room. These forms are collected by the Committee Clerks, prior to the start of the meeting, and delivered to the Committee Coordinator for the Chair. When the item you have asked to speak about comes up on the agenda, the Committee Chair will call your name and ask you to come forward and make your presentation or comments. If you arrive after the start of a meeting, and want to speak to an item, you can ask the Committee Clerk on duty if requests to speak are still being accepted on the item you are interested in.

Presentations are limited to five minutes. This is about one typewritten page of material. Committee members will sometimes ask questions of the individual making the presentation so as to fully understand the nature of his/her presentation and the points he/she is raising. Arrangements can be made with the Committee Coordinator for audiovisual or computer generated presentations. Any material you wish to distribute to the Committee can be given to the Committee Coordinator as well. Giving the Committee members a copy of your presentation in advance of the meeting with your identity clearly indicated, is also recommended.

Sometimes larger groups of people attend a meeting because of concern about a particular application. Designating one or a few people to represent the group and to make a presentation is often the most efficient way of informing the Committee of your group's position on a particular application. If more than one presents, they should each cover different points and not repeat each other.

Submitting Written Material to the Committee

Community organizations, their members and individuals are welcome to submit written comments in hard copy or electronic format to the Committee on any report coming before Committee. Such comments can be sent directly to the Committee Coordinator, or to all members of the committee and copied to the committee coordinator. As a courtesy, you should also send a copy of your letter to the assigned Planner for that particular development application.  It is important to note that correspondence, including any personal contact information it contains, is shared with all of City Council and to City staff as needed, and that your name and submission may be referenced in the Committee Minutes.

Address correspondence to:

Committee Coordinator
Planning Committee

or

Committee Coordinator
Agricultural and Rural Affairs Committee

City of Ottawa
110 Laurier Avenue Avenue West
Ottawa, ON K1P 1J1
3-1-1

Staff Presentations

When it is a complex matter, the Committee will ask for a presentation by City staff. After the presentation, Councillors often ask questions of staff for further clarification. City staff from other Departments, such as Legal Services and Finance, are usually on hand throughout the Committee meeting to respond to any additional questions.

Presentations by the Applicant or Agents of the Applicant

For most applications that come before the Committee, the applicant or an agent of the applicant (professional planner, lawyer, architect) is welcome to make a presentation to Committee about his/her application. In that presentation he/she can respond to any points of concern raised by the community organization in their presentation. The same five-minute limit on his/her presentation applies.

Voting on Staff Reports and Report Amendments by Committee

Committee members are free to make amendments to the report or to its recommendations. Typically, the Committee member will make a short statement about the amendment. The other members of the Committee are also free to speak for or against the proposed amendment. The Committee Chairperson then puts the matter to a vote. In the case of a tie vote the item is defeated. There is no limit to the number of amendments a Committee member can put forward. Once all the amendments are dealt with, the Committee then votes on the report as a whole and as amended. This is generally done by a simple voiced agreement of the members to Carry the item or in some cases the Committee Coordinator records the vote of each Committee member, for or against. Once a report is voted on, the matter is considered finished and the Committee moves on to the next item.

Use of English and French at Committee

While Committee and City Council meetings at City Hall are conducted in English and the written documentation is also in English, community organizations and individuals are welcome to submit their comments on development applications or other matters in the Committee agenda in either English or French . Requests can be made for simultaneous translation. Contact the Committee Coordinator at least 24 hours in advance of the meeting to make such a request.

What Happens to a Report after the Committee Meeting?

Once the Committee has met and discussed all of the items on a particular agenda, the report of the meeting with their recommendations is forwarded to the next meeting of City Council. Council makes the final decision on all matters coming forward from the Committee meetings, however some applications do not go beyond the Committee and are dealt with at that level only.

There are no presentations by members of the public or community organizations to City Council. City Council is free to debate any item on the agenda, to approve, amend or defeat any decision made by the Committee.

If you are not satisfied with the decision of the Committee, or if you want to support their decision, your community organization can write to the Mayor and members of Council prior to the Council meeting at which they will vote on the item of interest. Your community organization can also contact the members of City Council by telephone to make views known about a particular matter. You can also ask to meet with individual Councillors before the Council meeting to explain your community organization's position in person. This service is currently not available in person due to COVID-19 closures.

Objections and appeals

Local Planning Appeal Tribunal (LPAT)

About LPAT

The Local Planning Appeal Tribunal (LPAT) is an adjudicative tribunal that hears cases in relation to a range of municipal planning, financial and land matters. These include matters such as official plans, zoning by-laws, subdivision plans, consents and minor variances, land compensations, development charges, electoral ward boundaries, municipal finances, aggregate resources and other issues assigned by numerous Ontario statutes.

LPAT is part of Environment and Land Tribunals Ontario (ELTO), a cluster of tribunals that adjudicate matters related to land use planning, environmental and heritage protection, property assessment, land valuation and other matters.

History of LPAT

LPAT was formerly known as the Ontario Municipal Board (OMB). The OMB was an independent adjudicative tribunal that conducted hearings and made decisions on land use planning issues and other matters. The OMB was also Ontario’s first independent, quasi-judicial administrative tribunal. Originally named the Ontario Railway and Municipal Board (ORMB), the ORMB oversaw municipalities’ accounts and supervised the rapidly growing rail transportation system among municipalities. In 1906, the ORMB assumed new responsibilities, including those previously carried out by the Office of the Provincial Municipal Auditor, and was renamed to the OMB in 1932.

Legislation

The jurisdiction of the Local Planning Appeal Tribunal (LPAT) is obtained from many different public and private statutes for individual municipalities, which give specific jurisdiction and authority to LPAT. Most of LPAT’s work, however, arises under the following acts:

The Local Planning Appeal Tribunal Act establishes LPAT’s authority and general jurisdiction, and provides authority for LPAT’s Rules of Practice and Procedure.

The Planning Act governs land use planning and development in the province of Ontario. LPAT may hear appeals based on the decisions of local authorities. The Act sets out who is eligible to make an appeal to LPAT, and the procedures that must be followed to do so.

The Municipal Act sets out the broad areas of authority in which municipalities can act in order to respond to taxpayers’ needs. The Act also details what municipalities can do and how they must do it.

The Aggregate Resources Act provides for the standards and policies that aggregate and petroleum industries must comply with. The Act aims to ensure long-term management of resources and reduces negative impacts on the public.

The Development Charges Act, 1997 grants municipalities the right to impose charges on developers to pay for new services and infrastructure needed for growth. The Act also provides for Education Development Charges.

The Expropriations Act provides for a means for those expropriated to receive fair compensation when their lands are expropriated or affected by nearby expropriation. It also sets out the authority and process that must be followed in order to expropriate.

The Consolidated Hearings Act provides a streamlined hearing process for municipal, private and provincial projects or proposed activities that might otherwise require hearings by more than one tribunal.

The Environmental Assessment Act is an example of legislation that LPAT deals with under the Consolidated Hearings Act (by way of a Joint Board with Members of the Environmental Review Tribunal).

The Statutory Powers Procedure Act defines rules and procedures for various tribunal proceedings such as hearings and motions.

The Ontario Heritage Act gives municipalities and the provincial government powers to preserve the heritage of Ontario. The primary focus of the Act is the protection of heritage buildings and archaeological sites. The legislation also mandates the Ontario Heritage Trust – a Crown agency – and the Conservation Review Board – a tribunal that hears objections to municipal and provincial decisions under the act.

LPAT Process

The appeals process for Local Planning Appeal Tribunal (LPAT) is different depending on the type of appeal you have filed and the legislation the appeal falls under.

The Local Planning Appeal Tribunal has developed a series of guides to help you better understand the appeals process for your specific appeal.

Contact

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario M5G 1E5
Email: Local.Planning.Appeal.Tribunal@Ontario.ca
416-212-6349 or toll free 1_866-448-2248
Fax: 416-326-5370
TTY: 1-800-855-1155 via Bell Relay

The Lieutenant Governor in Council appoints Members to LPAT. For more information on appointments and Members of the Board please visit the Public Appointments Secretariat (PAS) website.

Post Approval

Official Plan and Zoning By-law Amendments

If no appeals are received after notification of the decision, the Official Plan or Zoning By-law Amendment comes into effect.

Plans of Subdivision

If no appeals are received after notification of the draft approval of the Plan of Subdivision, the owner must satisfy the conditions of draft approval.

When the conditions have been cleared, the subdivision agreement signed and securities posted, the Plan of Subdivision is ready for final approval. The General Manager (Director) gives Final Approval and the plan is registered.

Site Plan Control

If a registered agreement or Letter of Undertaking is required, the owner initiates the preparation by contacting the assigned staff and usually has six months to sign these documents and provide all the securities and fees prior to the issuance of a building permit.

Upon completion of the development, the owner may request an inspection for partial release of the securities. The balance of the securities will be released once the work has been completed to the City's satisfaction.

Site Plan Control applies to the property until a request is made to release the agreement. For approval with Letters of Undertaking, Site Plan Control remains in effect until all the securities have been released.

Road Closing and Opening

Upon approval, the applicant must provide all necessary documentation to the Legal Services Branch and any monies required to the City prior to the conveyance of lands for a road closing. A By-law must also be prepared and passed by City Council.

Lifting of Part Lot Control

The Legal Services Branch prepares and forwards the by-Law to City Council once the applicant has fulfilled all required conditions. The applicant then must request the registration of the by-law.

Lifting of 30 Centimetre Reserves

The Legal Services Branch prepares a by-law to lift the reserve and forwards it to City Council for approval. The reserve may be re-conveyed directly to the abutting owners or through the registration of a by-law.