Key Planning Terms in Ontario

Six Steps

1. Pre-Consultation Meeting (Consent only, most Minor Variances are exempt from pre-consultation)

Applicant contacts Planning and Development Staff about a proposed new development. First the applicant will meet with Planning and Niagara Region staff at a pre-consultation meeting (for consent applications). This is where applicable technical studies such as an environmental impact study or traffic impacts need to be completed prior to submitting the application. 

2.    Applicant Submits Application

After the pre-consultation meeting the applicant may submit their application, along with required fees and background studies. 

3.    Circulation

The Secretary-Treasurer circulates the Notice of Public Meeting to Town Departments, Government agencies and all assessed owners within 60 metres of the application property.  

4.    Development Notice Posted

A public notice sign is posted on the property at least 14 days prior to meeting for consents and 10 days prior to meeting for minor variances 

5.    Review Comments 

Town Staff, other agency staff and the public submit comments whether they are in favour or need further technical studies 

6.    Public Meeting 

Held every 4th Tuesday of each month at 7:00pm, the Committee of Adjustment (COA) will decide either to approve, refuse or defer on each application submitted. The Town Planner will provide advice to Council using provincial plans and policies as well as local Official Plan policies, community input and technical requirements. To understand public interest, the planner needs to identify and address any underlying concerns. The planner also needs to include the interest of future generations, the natural environment, and social issues.  

Approval Process 

• Consent approval will be subject to conditions and minor variance approval may be subject to conditions. 
• If there are no appeals the decision is final, and the conditions are to be met within 1 year of the Committees Decision or Ontario Land Tribunal (OLT) Decision and the file is closed.  
• If there are appeals, the appeal goes to the OLT. The OLT has the authority to refer a decision back to Council for reconsideration. If a later appeal of the second Council decision is made, then OLT has the authority to approve, refuse or change the application. OLT can override the decision made by the municipal Council and all decisions made by OLT must be upheld by the Town of Lincoln. 

Refusal Process

• If the COA decides to refuse the applications with reason, the applicant may appeal decision to the OLT.
• It will then go to a OLT hearing where they will make the decision to approve (with conditions), amend conditions of approval, or refuse. 
• The conditions are to be met within 1 year of the Committees decision or OLT decision and the application is closed. 

Deferral Process

• If a deferral was decided by the COA, the application will be deferred to the next COA meeting. This gives the applicant time to fulfill any questions or concerns that council or the public had and present at the next meeting for council to make a decision of approval or refusal. 

The Official Plan is a municipality’s blueprint for the future. An Official Plan mainly deals with issues such as where new housing, industry offices and shops will be located. It also addresses in part what services like roads, watermains, sewers, parks and schools will be needed, when parts of your community will grow and community improvement initiatives. Official Plans evolve as municipalities do and are subject to regular reviews and updates.

An Official Plan describes upper, lower, or single tier municipal Council’s policies on how land in your community should be used. It is a high-level planning policy document that implements the overall vision of a municipality. It is prepared with input from you and others in your community and helps ensure that future planning and development will meet specific needs of your community. 

An Official Plan Amendment is a formal document that changes a municipalities Official Plan. Changes may be needed because of new circumstances in the community or because of requested made by property owners. The application process for an official plan amendment is consistent with the Zoning By-law Amendment process above. 

1. Pre-consultation meeting 
2. Applicant submits Application
3. Circulation 
   1. Planning Staff circulates the Notice of Public Meeting to Town Departments, relevant agencies and all assessed property owners within 120 metres of the application property.  
4. Development notice sign posted 
5. Open House (informal meeting to allow dialogue between applicant, Town staff and interested party 
6. Review Comments received as a result of the notice circulation.
7. Submission of staff information report and Statutory Public Meeting (where anyone wishing to speak to the application is able to do so).
8. Staff review all comments received and work with applicant to address, as required.
9. Submission of staff recommendation report for Committee and Council consideration (anyone wishing to speak to this report can do so but must first register as a delegation with the Clerks Department).
10. Council decision and subsequent 20-day appeal period.
11. If no appeals received during the 20 days, the application is considered approved and a Notice indicating such is circulated to interested parties. 

The Town will monitor the effectiveness with which the Official Plan policies are dealing with development pressures in the Town responding to provincial plans and policies. The Town will consider the need for a major review of this Plan at five-year intervals commending from the date of approval of this plan. 

It is not the intent of the Town to frequently amend this Plan; however, certain circumstances will arise that require an amendment of this Plan. This Plan may be amended whenever Provincial or Regional policies are revised in such a way that directly affects the Town. An amendment to this Plan will be required when a proposed change in land use designation or major public work does not comply with the policies of this Plan. 

The Ontario Land Tribunal (OLT) adjudicates matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance, and related matters. Appeals that come before OLT are identified through policies found in the Planning Act, Aggregate Act, Heritage Act, Municipal Act, Development Charges Act and Expropriations Act. 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.

Urban planning is the management of land and resources that helps ensure communities are well-planned, vibrant places where people want to live, work and play.

When undeveloped land is divided into multiple lots, the developer must prepare a plan of subdivision showing details such as the position and width of roads, size and shape of lots, the location different land uses, and the availability of water mains and sewers. The Town of Lincoln, with input from Niagara Region, examines the plan to ensure that it works with the surrounding area in terms of land use, transportation systems and environmental areas. If the plan is appropriate, it is approved by Town Council. 

The Zoning By-law contains detailed information on the land and building forms that are allowed on each property in a community. Zoning Bylaws are legally enforceable decisions of Council. 

A Zoning By-law controls the land uses in your community such as:

• How the land can be used.
• Where infrastructure can be located.
• Types of infrastructure permitted and how they can be used.
• Lot sizes and dimensions. 
• Parking requirements, building heights, and setbacks.

It provides a legal way of managing land use and future development. In addition to the Town’s Official Plan, a Zoning By-law protects you from future conflict and possibly unsafe land uses in your community. 

Proposed developments that do not fit the by-law requirements are not allowed to proceed without further planning approvals.

If a proposed development is not permitted in a zone or does not meet the permitted uses in that zone, a Zoning By-law may need to be changed or “amended.” A public meeting is required and the Zoning By-law Amendment must be passed by Town Council. 

Other than the Zoning By-law Amendment going to Council for approval rather than the Committee of Adjustment, the process is similar to the minor variance and consent process, with a few differences as noted below:  

1. Pre-consultation meeting 
2. Applicant submits Application
3. Circulation 
   1. Planning Staff circulates the Notice of Public Meeting to Town Departments, relevant agencies and all assessed property owners within 120 metres of the application property.  
4. Development notice sign posted 
5. Open House (informal meeting to allow dialogue between applicant, Town staff and interested party 
6. Review Comments received as a result of the notice circulation.
7. Submission of staff information report and Statutory Public Meeting (where anyone wishing to speak to the application is able to do so).
8. Staff review all comments received and work with applicant to address, as required.
9. Submission of staff recommendation report for Committee and Council consideration (anyone wishing to speak to this report can do so but must first register as a delegation with the Clerks Department).
10. Council decision and subsequent 20-day appeal period.
11. If no appeals received during the 20 days, the application is considered approved and a Notice indicating such is circulated to interested parties.