Planning and Development Applications by Activity

A development application is required for submission of an Official Plan amendment, Zoning By-law amendment, Plan of Subdivision, and Plan of Condominium.

Official Plan Amendment

An official plan is a policy document that describes how land should be used in the community. It provides direction for future planning activities and for public and private initiatives aimed at improving the existing physical environment.

Livable Oakville is the Town of Oakville's Official Plan and is based largely on input made by citizens through the public participation process. Official plans address issues such as:

• where new housing, industry, parks, shopping areas, schools, hospitals, offices and other land uses are to be located
• what services such as sewers, water mains, roads and schools will be needed
• when and in what order parts of the community will grow

The Town’s North Oakville Secondary Plans are part of the town’s official plan for lands north of Dundas Street and south of Highway 407 between Ninth Line and Tremaine Road.

If you want to use your property or develop it in a way that conflicts with the approved official plan, you will need to obtain an official plan amendment. Every official plan amendment triggers a review by staff, and an approval by Council. Before you apply for an amendment, a mandatory pre-consultation is required with Planning and Development Department. 

Zoning By-law Amendment

Zoning By-laws regulate land use and provides detailed information such as:

• types of uses permitted
• where buildings or structures may be located
• standards for lot size, parking requirements, building height, side yard dimensions and setback from the street among other items

A Zoning By-law amendment is required when a development application proposes to develop the property contrary to what the applicable Zoning By-law prescribes. A rezoning, or zoning amendment, can be considered only if your new use is allowed by the official plan. Every zoning amendment triggers a review by staff, and an approval by Council.

A minor variance from the zoning by-law may be considered through the Committee of Adjustment (COA). Minor variance requests from the zoning by-law may include such things as:

• Changing how close a building is to a property line
• Increasing a building height
• Reducing the number of required parking spaces in a commercial development

Plan of Subdivision

A Plan of Subdivision divides a parcel of land into several blocks or building lots. It identifies the exact surveyed boundaries and dimensions of lots and blocks on which buildings are to be built, location and width of streets, parks, schools, etc. 

The approval process is governed by the Planning Act and ensures that:

• the land is suitable for its proposed new use
• the proposal conforms to the official plan and zoning, as well as to provincial legislation and policies

A Plan of Subdivision is required if the Owner of the land wants to create new, separate parcels of land that can be legally used for the sale of lots/blocks.

Plan of Condominium

A plan of condominium is the process of dividing property so that an individual holds title to a portion of a building, or a unit, as well as a share of the rest of the property that is common to all the individual unit owners. A condominium can apply to residential, commercial or industrial properties. If the Owner of a building wants to sell individual units as condominium units they must apply for a Plan of Condominium approval.

Steps to apply for a development application other than Part Lot Control and Fence Variance applications:

1. Review the Development Application Guidelines, which will guide you through the description of site and proposal, and the engineering, urban design, environmental, transportation, financial and cultural considerations.  This also includes the neighbourhood information map and requirements.
2. Once you have attended a mandatory pre-consultation meeting, complete the Development Proposal Application Form (pdf), including all applicable sections, schedules and signatures. 
3. Include the pre-consultation checklist which has been completed and signed by staff during your mandatory pre-consultation meeting.
4. Review additional information regarding digital submissions and electronic fee payments.
5. Prepare materials (drawings/reports/documents)
   • The documents required will be identified during the mandatory pre-consultation meeting with staff. All reports, documents and drawings submitted must be:  
     • in digital (PDF) format unless otherwise required (e.g. Word, Excel, SketchUp, etc.).
     • presented in metric measure that can be accurately scaled. 
     • prepared, stamped and signed by a qualified professional architect (for site plan and architectural drawings), engineer (for site plan and engineering drawings/reports), or Landscape Architect (for landscape and tree protection drawings/reports)
6. Request an Oakville Box link and a fee submission reference number from planningapps@oakville.ca for all digital submissions.
7. Review important additional information regarding digital submissions and electronic fee payments. 
8. Submit all materials by uploading files to Oakville Box (pdf), following the mandatory file naming conventions (pdf).
9. Payment of Application Fees should be sent via e-transfer/EFT (Electronic Funds Transfer) to planningapps@oakville.ca at the same time as your submission.
10. Ensure you quote the fee submission reference number from step #6.
11. The Planning Application file #, will be assigned once the fee is received.
12. For a resubmission of an existing application where a fee is required, please use the Planning file # already assigned.
13. Region and Conservation Authority fees are paid directly to the agency.

Site Plan approval from the Planning and Development Department is required for the following types of development:

• all residential development containing 11 units or more;
• all non-residential development in residential zones;
• all development in mixed use or urban core zones;
• all development in commercial or employment zones;
• all development in institutional or community use zones; and
• all development in open space, environmental, natural heritage system or future development zones other than development for residential or agricultural purposes

Site plan approval from the Planning and Development Department is not required for the following types of development:

• all residential development containing 10 units or less;
• development in the form of a temporary structure that will be erected and used for a maximum of six consecutive months, provided the development is located on a property with existing development;
• development in the form of residential freehold street townhouse units approved as part of a registered plan of subdivision;
• development that is 50m2 or less in area for a building or structure that is either accessory to, or an addition to, an existing building or structure.

Steps to apply for a Site Plan Application

1. Review the Site Plan By-Law which will guide you through the types of applications that require site plan approval and those that are exempted.
2. Review the Development Application Guidelines, which will guide you through the description of site and proposal, and the engineering, urban design, environmental and transportation
3. Once you have attended a mandatory pre-consultation meeting, complete a Site Plan Application Form (pdf).
4. Include the pre-consultation checklist which has been completed and signed by staff during your mandatory pre-consultation meeting.
5. Review additional information regarding digital submissions (pdf) and electronic fee payments.
6. Prepare materials (drawings/reports/documents)
   • The type of documents required will be identified during the mandatory pre-consultation meeting with staff. All reports, documents and drawings submitted must be:  
     • in digital (PDF) format unless otherwise required (e.g. Word, Excel, SketchUp, etc.).
     • presented in metric measure that can be accurately scaled. 
     • prepared, stamped and signed by a qualified professional architect (for site plan and architectural drawings), engineer (for site plan and engineering drawings/reports), or landscape architect (for landscape and tree protection drawings/reports)
7. Request an Oakville Box link and a fee submission reference number from planningapps@oakville.ca for all submissions.
8. Submit all materials by uploading files to Oakville Box, following the mandatory file naming conventions (pdf).
9. Payment of application fees should be sent via e-transfer/EFT (Electronic Funds Transfer) to planningapps@oakville.ca at the same time as your submission.
10. Ensure you quote the fee submission reference number from step #7.
11. The Planning Application file #, will be assigned once the fee is received.
12. For a resubmission of an existing application where a fee is required, please use the Planning file # already assigned.

The Fences and Privacy Screen By-law 2002-034, as amended by By-law 2011-130, regulates fences and privacy screens on private property.  Applicants may apply to vary the By-law to permit a fence or privacy screen to be constructed that does not comply with the regulations of the By-law.

How to apply for a fence variance

Use the online services to submit your Fence Variance Application.  Make sure you download and complete the Fence Variance Application Form - Proof of Notification from Abutting Neighbour Letter (pdf) including all applicable sections, submission requirements, schedules and signatures as it will be required during the application submission.

You will also be required to submit the following with your online application:

• Cover Letter: a letter from the applicant/owner, addressed to Director of Planning and Development, outlining the specific variances to the by-law which are being sought (bulleted and/or in tabular format) and the rationale for the request.
• Site Owner’s Authorization Letter: Written permission from the property owner is required to authorize the application and requested variances, and to permit staff and Director of Planning and Development, to enter onto the property as part of the application assessment process.
• Site Photos: Submit colour photos depicting existing site conditions superimposed with scaled images of proposed fencing, including a description of each image.
• Site Plan: Site Plan on ’letter’ to ‘tabloid’ paper size. Drawings must be submitted in metric, scalable and include a drawing reference number and date. The plan must clearly indicate extent of the entire property, location of buildings and key accessory features, site access points and location(s) of proposed fencing.
• Survey of Property

Part lot control is a provision of the Planning Act that, as the term implies, regulates the transfer or sale of part of a lot within a registered plan of subdivision. The municipality uses this provision as a means of preventing the possible uncontrolled division of lots within a plan of subdivision after the plan has been registered. 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. 

A Part Lot Control Exemption requires the owner of a property to apply to exempt all or parts of a registered plan of subdivision from part lot control to permit the conveyance of portions of lots or blocks.

How to apply for a part lot control exemption

Use the online services to submit your Part Lot Control Exemption Application. Ensure you download and complete the Affidavit and Owner’s Authorization form (pdf) as it will be required during to the application submission.

You will also be required to submit the following with your online application:

• Registered Plan
• Reference Plan: all existing buildings and setbacks must be shown
• Affidavit/Owner’s Authorization
• O.L.S Certificate of Frontages and Areas: showing frontage at street line and at 7.5 metres back from street line, area of each part shown on reference plan and use of each part i.e. easements, right of ways, etc.
• Engineer Letter: including a brief description of existing and/or proposed municipal services, confirming that all service utility connections are in place to suit the new lot lines.

At the time of processing a Zoning By-law for a property Council may place a Hold "H" on some or all of the land. The holding symbol "H" is a tool that restricts the future use of the land and imposes certain conditions as determined by Council.  The "H" symbol can be removed from all or part of the property once the conditions imposed by Council are satisfied, by submitting a Holding By-law Removal (By-Law 2009-189) application.

How to apply for a holding by-law removal

• Use the online services to submit your Holding By-Law Removal Application.
• You will also be required to submit the following with your online application:
• Cover Letter: a letter from the applicant/owner, addressed to Director of Planning, outlining the specific variances to the by-law which are being sought (bulleted and/or in tabular format) and the rationale for the request.
• Servicing - Water Supply & Waste Water
• Development Application Authorizations