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Removal of Part Lot Control

Under section 50(5) of the Planning Act, Part Lot Control prevents land in a registered subdivision from being split into smaller parts without additional approvals. However, Section 50(7) of the Planning Act allows the City to pass a by-law that lifts this restriction for certain lots or blocks. This means that once the by-law is in place, property owners can sell or divide their land without needing approval from the Committee of Adjustment or City Council.

 

Removal of Part Lot Control is an alternative to a Consent or a Plan of Subdivision. It is a good option when several land transactions are needed, but the changes won’t alter the overall layout or character of the existing subdivision.

This process is often used to:

  • Split blocks or lots for townhouses or semi-detached homes
  • Make small changes to the layout of blocks or lots in an existing subdivision

Step 1: Speak to Planning staff

While a pre-consultation meeting is not required, it’s a good idea to talk to a City Planner before applying.

Step 2: Submit your application

Apply online through your City Dashboard Account and include:

  • Written request describing the purpose and effect of the proposal
  • Survey sketch, in metric and prepared by an Ontario Land Surveyor
  • Deposited and Registered Reference Plan, in metric and prepared by an Ontario Land Surveyor
  • All required fees paid to the City. For current pricing, check the Schedule of Fees
  • Follow the file format and naming guide when submitting files

Part Lot Control Application
Timeline to process (to decision): 3 weeks
Step City's Role Applicants Role Target Timeline
Application Submission-Step 1 N/A Applicant submits:
  • formal application
  • draft 59R plan
 N/A
Application Submission-Step 2 Reviews files (i.e., names, unlocked status) N/A 2 days
Application Submission-Step 3 N/A Applicant pays required fees 1 day
Application Submission-Step 4 Planner assigned to file N/A 1 day
Review for Completeness Planner reviews for complete application. N/A 1 day
Circulation (if the application is complete)-Step 1 Planner circulates to internal departments (and external agencies, if required). N/A N/A

Circulation (if the application is complete)-Step 2

 Reviews if a deeming by-law is needed (i.e., parcel is a full lot in a plan of subdivision), or zoning relief required. N/A 1 week
Decision by General Manager of Planning, Building, and Development or Designate-Step 1 Memo and by-law presented for approval. N/A 1 week
Decision by General Manager of Planning, Building, and Development or Designate-Step 2 If approved, the by-law is sent to the Clerk and Mayor for signing. N/A 1 day
Decision by General Manager of Planning, Building, and Development or Designate-Step 3 Decision letter sent by Planner. N/A 1 day
Registration-Step 1 N/A Applicant pays registration fee to Legal Services. N/A
Registration-Step 2 Legal Services registers the by-law on title. N/A 1 day
Registration-Step 3 N/A Applicant provides new property deed(s) and registered 59R plan to the Planning Department. N/A

Contact Us

City of Niagara Falls
Planning and Building
4343 Morrison Street
P.O. Box 1023
Niagara Falls, Ontario L2E 6Z9
Canada
905-356-7521 ext. 4330
pbd@niagarafalls.ca