​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Amending the Official Plan and/or Zoning By-law, Draft Plan of Subdivision or Condominium Application

The Province of Ontario, through the Planning Act determines how the development review process should be undertaken and how land uses may be controlled and by whom. The Planning Act is used for the processing of Official Plan Amendment applications, Zoning By-law Amendment applications, Plan of Subdivision and Plan of Condominium development applications.

The City, under the direction of the Planning Act, creates an overall master-planning document called the Official Plan that is used to guide many development and infrastructure decisions on issues such as land use, built form, transportation and the environment. The Zoning By-law is a companion document and an effective and efficient control mechanism to regulate land use and development (i.e., permitted land uses and associated requirements such as setbacks, parking, etc.) that implements the goals and objectives of the Official Plan.

The Development Application Review Process for Official Plan Amendment applications, Zoning By-law Amendment applications, Plan of Subdivision and Plan of Condominium development applications includes 11 steps and specific milestones that apply to these development applications (not all steps are required in every application, for example, some processes do not require a Community Informal Open House meeting).

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 Process

In accordance with the City’s Official Plan, Applicants are required to consult with staff prior to the submission of an application requiring Planning Act approval. The consultation involves providing the City with basic proposal information which is circulated internally for a cursory technical review and a meeting with the applicant to identify key issues, the approvals that are required for the specific development and to confirm the supporting concept plans, reports and studies that are required to accompany the application(s). At the conclusion of the consultation, Applicants are provided with a Checklist to follow as they prepare their formal applications. Find out how you can apply for a Pre-application Consultation for Development Application.​

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After the Applicant has prepared their application submission they must contact the Planner assigned at the PRE meeting (as identified on their Checklist) to:

  • request an appointment to submit their application; and
  • confirm the calculation of the application fee.

At the submission appointment the assigned Planner will confirm that the application package contains all of the items requested on the Checklist. Appointments with the assigned Planner are conducted at the City of Brampton's Planning, Building and Growth Management at 3rd Floor counter at City Hall.

Click here for a list of applications.

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Prior to further processing, the application is reviewed in detail by the assigned staff to ensure it is complete in accordance with the City’s Official Plan requirements. Within 30 days of receiving an application staff will advise the Applicant if the application meets the requirements or if other information is required. It is important to note that the target timelines for applications will not commence until the submission requirements and any information or materials required to process the application are submitted by the Applicant.

The assigned development planner circulates the application to the Ward Councillors, internal Divisions/Departments and external agencies.

This circulation to the Ward Councillors, internal and external agencies is a brief description of the proposed development with a location map and plan(s) where applicable. A period of 30 days from the date of the mailing of the notice is provided for comments to be submitted to the assigned development planner.

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The majority of development applications require that notification be provided to the public by way of a notice sign. The requirements for the notice signs are outlined in the City’s Guide and Application Forms for Amending the Official Plan and/or Zoning By-law and Guide and Application Forms for Draft Plan of Subdivision and/or Draft Plan of Condominium.  This information can be accessed here.  The applicant is responsible for the production, posting, maintenance and removal of a sign in accordance with the City's standards.   

The sign remains on the site until a decision by the City or the Ontario Municipal Board is rendered on the application.

Depending on the response from the general public, the ward Councillors or the applicant may request that staff hold an informal open house meeting in order to present the application to the public, to hear comments and concerns, to provide technical clarification and to explain the development review process. Notice of the informal open house meeting is determined by the ward Councillors.  This notice may also include an advertisement in the Brampton Guardian.  At these meetings, the applicant and or the applicant's agents present details about the proposed development.

 

*This step may not always occur for every development application.  In addition, this step may occur after Step Seven: Public Meeting and before Step Eight: Planning and Development Committee Report Preparation.

Official Plan and Zoning By-law Amendments, Plan of Subdivision Applications and sometimes Plan of Condominium Applications require a statutory public meeting by the Planning Act.  The statutory public meetings will be held at the Planning and Development Committee Meetings.

 

In accordance with the City’s Official Plan, notice of the Public Meeting are given by prepaid first class mail to all persons assessed in respect of land to which the proposal applies and within 240 metres of the subject property as shown on the last revised assessment roll, and by public notification in the Brampton Guardian.  These notification standards exceed the minimum notification requirements of the Planning Act.  Notice of any statutory Public Meeting will be given at least 20 days prior to the date of the meeting.

The Planning and Development Committee Meeting Agenda and the Staff Information Report are also available via the City's Web site on the Friday of the week before the Planning and Development Committee meeting.

Any person in attendance at the Public Meeting shall be afforded the opportunity to make representations in respect of the proposed development application(s).

From the submission of the application(s) until after the statutory Public Meeting is held, staff will work with the applicant, community organizations and the general public to resolve issues and problems identified with the application(s). However, not all concerns are resolved during this stage and, in some cases, the differences between the proponent and the public may not always be resolved.

The assigned development planner will prepare a Recommendation Report on the development application(s). These reports establish the Department's position on the application(s), either approval or refusal.  If the Recommendation Report recommends approval it will include conditions that are to be satisfied before the adoption of the official plan amendment by Council, enactment of a zoning by-law by Council or prior to the issuance of draft plan approval.   The Recommendation Report addresses all of the comments and positions received from the public and community organization comments and includes all comments received from internal Divisions/Departments and external commenting agencies.

The Recommendation Report is forwarded to Planning and Development Committee for their decision.  Once the Committee has made a decision on a development application, their recommendations are forwarded to City Council for a final decision.

The applicant, owners and any person or public body that requested to be notified or who made a verbal or written submission at the public meeting will be notified of when the Recommendation Report will be forwarded to Planning and Development Committee for their decision. Members of the public can attend the Committee meeting or send a written submission. Members of the public are encouraged to monitor the development application up to and including consideration of the matter by City Council at the Committee meeting, representatives of community organizations and the general public can address the Committee to outline their concerns or support for the application.

The City Clerk will advise the applicant of Council's decision.

For a Draft Plan of Condominium application, the Recommendation Report is forwarded to the Commissioner, Planning and Development Department for final approval.

If a development application(s) receives approval by Council, the Recommendation Report noted in Step Eight - Planning and Development Committee Report Preparation and Decision, includes conditions that are to be satisfied before the adoption of the official plan amendment or enactment of a zoning by-law by Council.  Once all of these conditions are satisfied, the assigned development planner will prepare the implementing documents (i.e. official plan amendment and/or zoning by-law amendment) and a Transmittal Report which will be forwarded to Council for ratification.

If an Application to Amend the Official Plan is refused by Council or Council refuses or neglects to make a decision on the application(s) within 180 days after the application has been deemed complete (See Step 3: Application Deemed Complete/Incomplete), the applicant may appeal their application(s) to the Ontario Municipal Board.

If an Application to Amend the Zoning By-law is refused by Council or Council refuses or neglects to make a decision on the application(s) within 120 days after the application has been deemed complete (See Step 3: Application Deemed Complete/Incomplete), the applicant may appeal their application(s) to the Ontario Municipal Board.

For Official Plan Amendments, all persons who requested to be notified or who made oral or written submission at the Committee will be notified of the adoption of the Amendment by City Council within 15 days of the Council passage of the by-law. They have 20 days to submit an appeal to the Ontario Land Tribunal.

For Zoning By-law Amendments, if a by-law is passed by City Council, notice of the passage is undertaken within 15 days by mail to landowners within 120 meters of the site, plus other persons or community organizations who made verbal or written submissions at the Planning and Development Committee. Twenty days are allowed for appeals.

For Plan of Subdivision applications, the applicant, owners and any person or public body that requested to be notified will be notified of the decision within 15 days and have 20 days to appeal, after the Commissioner, Planning Building and Growth Management has granted draft plan approval.

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Official Plan and Zoning By-law Amendments

If no appeals are received after notification of the decision, the Official Plan or Zoning By-law Amendment comes into effect.

 


Plans of Subdivision

If no appeals are received after the Notice of Decision of Draft Approval of the Plan of Subdivision has been sent, the owner must satisfy all of the conditions of draft plan approval.

When the conditions have been cleared, the subdivision agreement signed and securities posted, the Plan of Subdivision is ready for final approval.

The Commission of Planning and Development Department will give final approval and the plan will be sent to the Municipal Registry Office for registration.

 

Site Plan Applications

A Site Plan Review process is required to facilitate commercial, industrial, institutional, and multiple residential development in accordance with Section 41 of the Ontario Provincial Planning Act. Site Plan Control is implemented through City of Brampton By-laws 96-86, as amended.

The Site Plan Review process examines design and technical aspects of a proposed development to ensure compliance with all municipal requirements, standards and objectives. Site Plan applications are generally reviewed with respect to the following considerations:

  • zoning by-law requirements, grading and servicing standards, transportation and transit planning standards, urban design objectives, landscaping standards, accessibility standards, environmental conservation and conformity with provincial noise, vibration and odour guidelines.

Site Plan Approval is required prior to the issuance of a Building Permit for all developments subject to Site Plan Control. Please contact the Planning and Development Services Division to determine whether or not your development proposal requires Site Plan Review.

Please note, approval of Site Plan applications has been delegated by Council to Planning staff. As such, a Statutory Public meeting under the Planning Act is not required in the Site Plan Review process.

Excluded from Site Plan Control - Projects that propose only minor physical changes to a site or building exterior may be excluded from site plan review. Please consult with the City of Brampton, either with a Building or Zoning Plans Examiner or the Assistant Development Planner to determine if your project is excluded from Site Plan Control.


Limited Site Plan Review - For small projects, usually involving a single activity, that do require a site plan review, a new Limited Site Plan Review stream is available. Please discuss your project with the Assistant Development Planner at City Hall to determine if your project qualifies for the Limited Site Plan Review Stream. (Note: The City of Brampton no longer processes “Site Plan Waivers” as this process has been replaced by the Excluded and Limited Site Plan review streams.)

 ‭(Hidden)‬ Process:

In accordance with the City’s Official Plan, the Planning and Infrastructure Services Department requires Applicants to consult with staff prior to the submission of an application requiring Planning Act approval. The Pre-Application Consultation (PAC) involves a meeting between the Applicant and pertinent City staff in order to identify key issues, required supporting materials (i.e. report/studies), as well as other development applications/approvals that may be required to accommodate the proposal. A completed application form and fee is required to request a PAC.
 
Feedback will be provided to the Applicant, through the PAC meeting, about issues that should be addressed in any subsequent Site Plan Review Application. Please note however that the issues identified through the PAC meeting are only based on a cursory review and may therefore be subject to some change through the subsequent review of a formal site plan application.     

The site plan application form, applicable fees, plans and studies are to be submitted to the City of Brampton’s Planning and Building Division of the Planning and Infrastructure Services Department (City Hall – 3rd Floor).
 
The Planning Act mandates that the Applicants provides sufficient information and material to describe a project.  Application submissions that are incomplete will result in requests for additional information which may impede the review. Depending on the scale and scope of your project, the following materials are typically required to be submitted:
 
  • Completed Application Form
  • Site Plan and Site Plan Details
  • Building Elevations
  • Building Floor Plans (including roof plans)
  • Grading and Drainage Plan
  • Site Servicing Plan
  • Storm Water Management Brief and/or Report
  • Landscape Plan & Details
  • Survey and/or Legal Plan (Most current version including easements and restrictions)
  • Applicable fee
    • ​Acceptable forms of payment: debit, cheque (certified not required), credit card (AMEX, Visa and Mastercard only)

Please consult with the assigned Development Planner to determine which elements will be required at the time of application submission.

A file number will be assigned following the submission of a complete Site Plan Application. The Development Planner assigned at the time of the Pre-Application Consultation will process the file, circulate the application and coordinate all comments received for the application. 

The application is circulated to all pertinent internal divisions/ departments and external agencies (e.g. Region of Peel, Conservation Authorities, etc.) for review and comment.
 
The application is presented by the assigned Development Planner at an internal Site Plan Team meeting to discuss the details of the application and related issues. The Site Plan Team is comprised of representatives of internal divisions/departments, and typically meets on a weekly basis.

Comments received from all pertinent internal divisions/departments and external agencies are consolidated by the assigned Development Planner into a comprehensive Site Plan Report which will be released to the Applicant for further action.
 
Please note that no revised plan drawings are to be resubmitted to the City until the Site Plan Report is issued to the Applicant, unless agreed upon by the assigned Development Planner. An unexpected resubmission may complicate the review and result in unnecessary delays.

The Applicant is required to submit any required revisions, along with a comprehensive response to each of the items identified within the Site Plan Report.
 
The resubmission is to be sent directly to each of the divisions/departments/agencies by the Applicant as outlined within the cover letter for the Site Plan Report, and all transmittal letters are to be copied to the assigned Development Planner. 
 
Further, the Applicant is required to follow-up directly with all referenced divisions/departments/agencies to ensure the revised drawings satisfy any changes requested in the Site Plan Report. The respective divisions/departments/agencies will confirm to the Applicant if all requirements are satisfied and their clearance for approval and any applicable conditions for a site plan agreement can be forwarded to the assigned Development Planner. 

Once all divisions/departments/agencies have confirmed that previous concerns are resolved, the applicable site plan drawings/documents and an Approval Memo will be forwarded to the Director of Development Services for approval/signature.  

If identified concerns or requests for additional information have not been addressed by the Applicant, then a recommendation for Site Plan Refusal may be forwarded to the Director of Development Services for approval/signature. If a Refusal is confirmed, then the Applicant will have two options to proceed:

  • submit a completely new Site Plan application that addresses the identified issues; or
  • file an appeal of the Refusal with the Ontario Municipal Board.

If a Site Plan Agreement is required in conjunction with the application, the Approval Memo will be addressed to the attention of the Legal Services Department and copied to the Applicant. The Approval Memo will identify clauses requested by staff and/or external agencies for inclusion in the Site Plan Agreement. Legal staff will commence preparation of the Site Plan Agreement and will advise the applicant when it is ready for execution.

Please note that the approved site plans and documents will not be released to the Applicant until it is confirmed that all site plan requirements of the Legal Department (e.g. executed agreement, land conveyances, easements, etc.) and Finance Department (e.g. insurance certificate, financial securities, etc.) are satisfied.  

During the time that the Site Plan Agreement is being prepared and executed the Applicant may ask the assigned Development Planner to prepare a Substantial Completion Memorandum that may assist with the acceptance of an ‘incomplete’ Building Permit Application by the Building Division.

Upon the release of the final approved site plan documents, the Applicant is to keep one (1) copy of stamped/approved plan drawings for their records and submit two (2) copies of the stamped/approved plan drawings along with the required submission materials for Building Permit Application, to the Building Division.

Upon the completion of the site plan agreement improvements, the Owner may commence the process to release their securities by providing the Open Space Design and Construction Section of the Planning and Infrastructure Services Department with all applicable consultant’s certificates to verify that site works have been completed in accordance with the approved site plan documents. City staff will complete site compliance reviews to confirm the works are satisfactory in order to grant performance acceptance and make a recommendation to reduce the securities.
 
Reduction of the securities is subject to approval from the Open Space Design & Construction Division, the Engineering and Development Services Division of the Planning and Infrastructure Services Department, and the Legal Services Department before being processed by the Finance Department. A 10% security holdback will normally be retained for the duration of a one-year maintenance warranty period.
 
A request to grant final acceptance and release of the security holdback at the end of the maintenance warranty period may be made to the Open Space Design & Construction Division. Site compliance reviews will again be undertaken, followed by release of the security holdback. A request for final acceptance must be received prior to October 15th of each year, otherwise final acceptance compliance reviews will be deferred to the following spring after all plant material is in full leaf.

 Related Resources

 Citizens' Guide to Land Use Planning Process in Ontario

Contact Planning & Development

Phone: 3-1-1 (Within city limits) or 905.874.2000
Hearing Impaired (TTY): 905.874.2130
Mailing Address:
Corporation of the City of Brampton
2 Wellington Street West
Brampton, ON L6Y 4R2

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