Development Application Process

Applying for a Development Application

Prior to making an application, applicants are required to attend a pre-consultation meeting.  To book a pre-consultation meeting contact the Planning and Development Department at 905-878-7252, ext. 2215.  Pre-consultation is to confirm the application requirements and receive initial comments on a concept plan. 

Once you are ready to submit your application, the application package and supporting documentation are to be submitted, by appointment, to the Planning and Development Department on the 2nd Floor, 150 Mary Street, Milton.  To book an appointment, please contact the Planning and Development Department at 905-878-7252, ext. 2215.

Development Applications and Guidelines

Application Forms:

Guidelines:

Planning Fee Schedule
 Listed below is a consolidated 2019 Fee Schedule for development applications showing the fees applicable for development applications for the Town, Halton Region and Conservation Halton.  This fee schedule will be updated when user fee by-laws are revised and approved.
Public Engagement
In May 2018, Council Staff Report ES-007-18 was presented to Council.  Through the tabling of this Report, Council directed staff to enhance public notification for all development applications with the following updates being approved through Official Plan Amendment No. 52 in September 2018: 
  • All applications will receive a public notice advertisement placed in the local newspaper a minimum of twenty (20) days prior to the public meeting;
  • Notice by direct mail to property owners within a 200 metre circulation of a development application in the urban area, and 300 metres in the rural area;
  • All public notices will appear on a dedicated landing page on the Town’s website, as well as the online event calendar and the myMILTON mobile app.; and
  • Development notice signage will be placed on the subject property for all development applications, in accordance with the Planning Act.

Public Meetings

As part of the usual processing of development applications, the Planning Act requires that a "Public Meeting" be held. Statutory notice of these meetings is provided to landowners within a specified radius of the property. In addition, copies of the current public notices are posted on our website for residents' information.

Open Houses and Workshops

From time to time, open houses and workshops may also be held with other planning matters where your input is invited. The notices for these events will include information on how you can become involved.

Public Open Houses and Meetings

 

Division of Land

Subdivisions
Subdivision of property occurs when dividing a piece of land into two or more parcels in order to sell one or more parcels.

Subdivision Approval Ensures that:

  • The land is suitable for its proposed new use
  • The proposal conforms to both the local and regional official plans, as well as to provincial legislation and policies
  • The applicant, neighbouring property owners and the community are protected from developments which are inappropriate or may put an undue strain on community facilities, services or finances

Registered Plan of Subdivision

A registered plan of subdivision is a legal document that shows:

  • The exact surveyed boundaries and dimensions of lots on which houses or structures are to be built
  • The location, width and names of streets
  • The sites of any schools or parks

The plan does not show specific full building locations; these are set out in the Zoning By-law and through the site plan approval process, if required.

A registered plan of subdivision creates new, separate parcels of land and can be legally used for the sale of lots. It should not be confused with "compiled plans" or "reference plans" which are used simply to describe parcels of land.

If the proposal to subdivide involves the creation of only one or two lots, the land severance (consent) process may be a suitable alternative.

Condominiums
 A condominium is a form of subdivision. It is a method of property ownership in which title to a unit, such as an individual apartment in a high-rise building, is held by an individual, together with a share of the rest of the property that is common to all of the owners.

Condominium Approval

A condominium plan is similar to a plan of subdivision, as it is a way of dividing property. Similar to subdivisions, applications for plans of condominium must be evaluated and approved by the Town of Milton.

Condominium Ownership

Condominiums can involve a brand new development or an existing rental project that is converted to condominium ownership. This kind of ownership can apply to any type of residential building as well as commercial and industrial areas.

Additional Information 

Exemptions from Part Lot Control
 Part Lot Control allows a property owner to sell a whole lot or block within a registered plan of subdivision. The Planning Act provides that part of a lot on a registered plan of subdivision cannot be transferred without the approval of the municipality.

The Part-lot Control provisions of the Planning Act allow a municipality to pass by-laws to remove Part-lot Control from all or any part of a registered plan of subdivision. These by-laws allow the conveyance of a portion of a lot without requiring the approval of the Committee of Adjustment and Consent (land division committee).

Exemptions to Part Lot Control

An Exemption to Part-lot Control is used for semi-detached and townhouse developments, since individual semi-detached or townhouse lots are not normally indicated on a registered plan of subdivision. This approach is used because of the difficulty the builder would have to ensure that the common center wall between two dwelling units was constructed exactly on the property line.

The Town of Milton accepts the following types of exemption from Part-lot Control applications:

  • Creation of townhouse lots
  • Creation of semi-detached lots
  • Lot realignments within non-residential plans of subdivision
  • Mechanical severances, such as additions to lots, easements, land dedications
  • Adjacent lands within plans of subdivision

Requests for Exemption from Part-lot Control expire 365 days after the date of the Exempting By-law. At the request of the property owner, Council may extend the term of the Exempting By-law.

Land Severance (Consent)

The consent approval process (described in Section 53 of the Planning Act) is a helpful alternative for land division proposals that relatively less complex where a plan of subdivision is not required (e.g., the creation of one or two lots or easements).

A consent is appropriate if a landowner proposes to:

  • create a limited number of new lots (lot creation)
  • add land to a neighbouring lot (lot addition)
  • create one or more rights-of-way (easements)
  • charge over a part of a property (mortgage)
  • enter into a lease over a part of a property when the term of the lease totals 21 years or more, inclsuvie of renewal options.

 

Regulation of Land Use 

Official Plan Amendments 
Amendments to the Official Plan are sometimes necessary when the Plan does not contain policies that address new Provincial and Regional policy directions, local issues and opportunities or specific development proposals.

In these cases, the Official Plan can be altered through an Official Plan Amendment (OPA) process. The OPA process allows for amendments to the Plan to be evaluated and to be presented to the public before changes are approved.

Rezoning Amendments
 A zoning change (also known as a Zoning By-law amendment or rezoning) may be required to use or develop a property in a way that is not allowed by the Zoning By-law. Council approval is required, but a change can only be considered if the new use is allowed by the Town's Official Plan.

Before submitting an application to amend the Zoning By-law, it is important to first consult with Town Planning staff for advice and information. The Town requires a completed application, including all fees, at the time the application is submitted.

Applications are circulated to Town departments as well as interested external agencies and departments for comment. A significant public input process is also required.

When considering a Zoning By-law amendment, Council evaluates the application based on specific criteria, including:

  • Conformity with the official plan and compatibility with adjacent uses of land
  • Suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
  • Adequacy of vehicular access, water supply, sewage disposal
  • The need to ensure protection from potential flooding

After hearing all comments and concerns, Council may decide to pass, change or reject the proposed by-law amendment. Subsequent to any decision, there is the right to appeal to the Local Planning Appeal Tribunal.

Minor Variances
In cases where only a minor change to a by-law standard is required, a complete rezoning process may not be required. If a property owner wishes to use or develop land in a manner that is not allowed by the Zoning By-law, yet follows its general intent, a minor variance may be appropriate. For example:
  • There is a need to locate something on a property when the shape of the lot won't satisfy the minimum setback requirements of the Zoning By-law.
  • An existing structure or use that may have been permitted under a previous by-law but is no longer allowed.

These types of situations would be considered to be "legal non-conforming" in nature and any change to the use/structure would require the permission of the Committee of Adjustment and Consent.

It should be noted that a minor variance or change to a legal non-conforming use does not change a Zoning By-law. It excuses the property owner from a specific requirement of the by-law, allowing the issuance of a building permit.

Applying for a Minor Variance or Request for Permission

To obtain a minor variance or receive permission, an application needs to be submitted to Milton's Committee of Adjustment and Consent. The Town requires a completed application, including all fees, at the time the application is submitted. The Committee Secretary-Treasurer will circulate each application for agency and public comment and a public hearing will be held where a decision will be made on the application. An appeal period follows each decision.

Additional Information

Site Plan

Site Plan Control is a specialized authority granted under Section 41 of the Planning Act that authorizes municipalities to review and approve the technical and design details of individual development proposals in a comprehensive and co-ordinated manner. The approval of a Site Plan application is required for the construction, development and re-development of all lands within the corporate boundaries of the Town of Milton, with some exceptions. Applicants should consult with the Planning and Development Department to determine whether a development proposal requires Site Plan Approval.

The objective of Site Plan review is to improve the function, design and appearance of proposed developments. This is achieved by:

  • Implementing consistent municipal design and technical standards
  • Encouraging a high standard of built form and landscape design
  • Ensuring safe and efficient vehicular and pedestrian access, connections and circulation
  • Mitigating impacts on adjacent properties
  • Controlling the provision and placement of required services and facilities
  • Creating appropriate relationships and transitions

The Town of Milton initiated a Site Plan Control By-law, in order to establish site plan control in the town.  By-law No. 005-2015 was approved by Council.