Plans of Subdivision

In Ontario, the subdivision of land is governed by the Planning Act (Ont.). 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 plan of subdivision, through a by-law exemption. These provisions also apply to agreements, such as lease agreements, that have the effect of granting the use of land for a period of 21 years or more where the agreement may have the effect of creating a separate parcel of land. The Planning Act contains some exceptions from the above approval requirements.

Usually it is the number of lots and/or the extent of servicing that is required that determines whether the appropriate approval process is by way of plan of subdivision or consent.

As the design of a plan of subdivision is generally carried out by a qualified land use planner/ subdivision design specialist, Wood Bull assists clients, as part of the project team, through the various stages of the subdivision process - from development applications, to meetings with relevant municipal staff, to submissions at public meetings, to negotiating agreements such as subdivision agreements, servicing agreements, and front-ending agreements, and to representation at the Ontario Municipal Board and any related court proceedings.

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