Removal of Part Lot Control
What is Part Lot Control?
In accordance with Section 50(5) of the Planning Act, Part Lot Control prevents the division of land in a registered Plan of Subdivision without further approvals. However, the provisions under Section 50(7) of the Planning Act allow a municipality to pass by-laws that exempt all or any part of a registered Plan of Subdivision from Part Lot Control. These by-laws have the effect of allowing the conveyance of a portion of blocks / lots without requiring the approval of the Committee of Adjustment or City Council.
When is the Removal of Part Lot Control Appropriate?
Removal of Part Lot Control is an alternative to Consent or a Plan of Subdivision, and is appropriate when several land transactions are involved, but the resulting transactions / changes will not affect the nature or character of the existing Plan of Subdivision.
Removal of Part Lot Control is frequently used to facilitate the separation of blocks / lots for townhouses and semi-detached dwellings, or the minor redesigning of blocks / lots in an existing Plan of Subdivision.
Applying for the Removal of Part Lot Control
A pre-consultation meeting is not required in advance of applying for the removal of Part Lot Control. However, applicants are strongly encouraged to speak with a City Planner in advance of submitting a formal request.
Application Submission Requirements:
- Written request describing the purpose and effect of the proposal
- Survey sketch, in metric and prepared by an Ontario Land Surveyor
- Draft or registered Reference Plan, in metric and prepared by an Ontario Land Surveyor
- Required application fee to the City of Niagara Falls
Part Lot Control Application Process
Part Lot Control Application
Time to Process (to decision): 3 Weeks
| Step | City's Role | Applicants Role | Target Timeline |
|---|
| Application Submission | -- | Applicant submits:- formal application
- draft 59R plan
| -- |
|---|
| - | Reviews files (i.e., names, unlocked status) | -- | 2 days |
| - | Generates invoice | Applicant pays required fees | 1 day |
| - | Planner assigned to file | -- | 1 day |
| Review for Completeness | Planner reviews for complete application. | -- | 1 day |
|---|
| Circulation (When Complete) | Planner circulates to internal departments (and external agencies, if required). | -- | -- |
|---|
| - | Reviews if a deeming by-law is needed (i.e., parcel is a full lot in a plan of subdivision), or zoning relief required. | -- | 1 Week |
| Decision by General Manager of Planning, Building, and Development or Designate | Memo and by-law presented for approval. | -- | 1 week |
|---|
| - | If approved, by-law is sent to Clerk and Mayor for signing. | -- | 1 day |
| - | Decision letter sent by Planner. | -- | 1 day |
| Registration | -- | Applicant pays registration fee to Legal Services. | -- |
|---|
| - | Legal Services registers by-law on title. | -- | 1 day |
| - | -- | Applicant provides new property deed(s) and registered 59R plan to Planning. | -- |
