Site Plans and Site Plan Agreements
Section 41 of the Planning Act (Ont.) permits a municipality to establish a site plan control area (or areas) within the municipality. Where development is proposed within that area, a developer must obtain the approval of the municipal council (or its delegate) of such plans and drawings of the proposed development as are specified in the legislation.
As a condition to the approval of plans and drawings, the municipality may require the owner of the land to provide such facilities, easements, and other matters as are specified in the legislation by entering into a site plan agreement.
If a municipality fails to approve plans or drawings within 30 days of submission or if an owner is not satisfied with any requirement made by the municipality, including the terms of any site plan agreement, the matter may be referred to the Ontario Municipal Board for determination.
We assist our clients through the various stages of the approval process for site plans - from the application stage, to meetings with relevant municipal staff regarding conditions of approval, to negotiating site plan agreements with municipal staff, to representation before the Ontario Municipal Board and any related court proceedings.