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Part Lot Control

What is Part Lot Control?

Section 50(7) of the Planning Act, R.S.O. 1990, c.P13, provides that part of a lot on a registered plan of subdivision cannot be transferred without the approval of the municipality. This has the effect of preventing the division of land in a registered plan, other than that allowed for in the approved plan of subdivision, without further approvals.

The part lot control provisions under Section 50(7) of the Planning Act, allow a municipality to pass by-law removing or "lifting" 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 without requiring the approval of the Committee of Adjustment, or the submission of a new plan of subdivision.

Exemption from part lot control is appropriate when a number of land transactions are involved, but the resulting changes will not affect the nature or character of the subdivision. This commonly occurs to facilitate the division of blocks for townhouses and semi-detached dwellings, and for the development of industrial subdivisions where large blocks are further subdivided to accommodate the needs of purchasers. In order for the boundary between dwelling units to be determined more accurately, exemption from part lot control is usually applied after construction has commenced and the building foundations have been surveyed.

The Town will not process any requests for exemption from part lot control which will have the effect of creating additional lots unless the development proposed under the request has been subject to a previously planning application which clearly indicated the proposed changes to the lot configuration and which involved a public meeting. Exemption from part lot control cannot be used to re-align lots within existing residential plans of subdivision which will create additional building lots.

The New Part Lot Control Application Process

As of April 2014, the Development Approval and Planning Policy Department will be introducing a new Part Lot Control Application Process.

The new process places a greater emphasis on accountability of all parties involved to streamline the process.

Part Lot Control Exemption Manuals & Application Forms

The Town of Caledon has created manuals to provide applicants and owners with a general overview of the part lot control process in the Town of Caledon.

It is recommended that the applicant review the Part Lot Control Exemption Manual thoroughly (along with other relevant documents) to reduce the amount of time spent and to fully understand the requirements of the Town of Caledon.

Additional Questions?

Please contact the Development Approval and Planning Policy Department at 905-584-2272 ext. 4291 or via email.