The Planning Act permits local municipalities to pass by-laws to exempt any or all lots or blocks within registered plans of subdivision from part-lot control, so further subdivision of individual lots or blocks can take place. Local municipalities in the County of Simcoe may pass a by-law exempting land situated in a registered plan of subdivision from part-lot control to allow the registration of a reference plan to divide the land into a number of parcels or to change existing lot lines.
If the local municipality is not the approval authority for subdivision/condominium applications, the County of Simcoe's Director of Planning must approve this by-law.
Exemption from part-lot control is commonly used to facilitate semi-detached and town house developments. This approach is used because of the difficulty the builder would have in ensuring that the common centre wall between two dwelling units was constructed exactly on the property line.
Applicants are advised to consult both the local municipal Planning Department and the County's Planning Division prior to the submission of applications. Following submission of this application, the local municipal council must pass a resolution to enact a by-law to exempt the subject lands from part lot control. In cases where the County remains the approval authority for subdivisions and condominiums, the endorsed bylaw and additional materials are then sent to the County of Simcoe Planning Division for processing and approval. It is vital that the County receive the following information and materials to adequately review each proposal:
1 Original Copy of the Endorsed Bylaw
2 Certified Copies of the Endorsed Bylaw
3 Copies of the applicable Registered Plan (with legible Plan #)
3 Copies of the Reference Plan
Covering Letter explaining background information (e.g. existing zoning, proposed use(s), type of access available, servicing, etc.)
$250.00 Fee payable to the County of Simcoe (subject to full cost recovery)