Development Application Process

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).
 

 Process :

 
expandStep 1 - Pre-Application Consultation

In accordance with the City’s Official Plan, the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval.  The pre-consultation involves meeting with applicants in order to identify key issues, the development approvals that are required for the specific development application(s) and to confirm the supporting concept plans, reports and studies that are required to accompany the application(s).            

Pre-Consultation Application

expandStep 2 - Application Submission
The application, required fee, plans and studies are submitted at the City of Brampton’s, Planning and Land Development Services Division (City Hall – 3rd Floor) and forwarded to the Director, Land Development Services, where a City File number and, if applicable,  a Subdivision File number are assigned.  A City development planner is also assigned to the application. 

Click here for a list of applications.
expandStep 3 - Application Deemed Complete/ Incomplete

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. Staff within 30 days of receiving an application will advise the applicant if the application does not meet the requirements and 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.

expandStep 4 - Circulation to Internal Departments/ Divisions, External Agencies and Ward Councillors

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.

The initial circulation to the City’s internal Departments/Divisions is presented by the City’s assigned development planner at the City’s Growth Management Development Review Team, which meets bi-weekly.
expandStep 5 - Posting of Notice Sign

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.

expandStep 6 - Community Informal Open House Meeting*

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, Design and Development Committee Report Preparation.

expandStep 7 - Public Meeting

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, Design 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 900 metres for lands located within Secondary Plan Areas 26, 29, 40, 41, 45, 47, 48, 49, 50, 51, 52 and 53 as identified on Schedule “G” of  the Official Plan and within 800 metres for all other lands identified on Schedule “G” to which the proposal applies as shown on the last revised assessment roll, and by public notification in the Brampton Guardian.  In addition, all residents who attended an informal open house meeting(s) are sent a notice of the Public Meeting by prepaid first class mail.  Notice of any statutory Public Meeting will be given at least 12 days prior to the date of the meeting.

The Planning, Design 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, Design 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).

expandStep 8 - Planning, Design and Development Committee Report Preparation and Decision

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, Design 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, Design 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, Design and Development Department for final approval.

expandStep 9 - Preparation and Decision of Official Plan Amendment and/or Zoning By-law Amendment

If a development application(s) receives approval by Council, the Recommendation Report noted in Step Eight - Planning, Design 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.

expandStep 10 - Notice of Decision by Planning, Design and Development Committee or Council

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 Municipal Board.

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, Design 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 Director, Planning, Land Development Services has granted draft plan approval.

expandStep 11 - Post Application
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, Design and Development Department will give final approval and the plan will be sent to the Municipal Registry Office for registration.

 

Site Plan Applications

Site Plan Approval is required to facilitate commercial, industrial, institutional, and multiple residential development in accordance with Section 41 of the Ontario Provincial Planning Act.  Site Plan Approval is implemented through City of Brampton By-laws 96-86, 258-91, and 250-96.  Generally, lower density forms of development (i.e. single and semi-detached, duplex, triplex dwellings and buildings containing less than 5 dwellings) and agricultural buildings are exempted from site plan control.  

The Site Plan Approval 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, 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 Approval.  Please contact the Planning and Land Development Services Division of the Planning, Design and Development Department to determine whether or not your development proposal requires Site Plan Approval.

Please note that Council approval is not required for Site Plan Applications and no statutory public meetings apply to the site plan process. 

Site Plan Waiver - Projects that propose only minor physical changes to a site (i.e., patio enlargement) or building exterior (i.e., new door/window) may not require a comprehensive review via a full site plan application submission.  A City Development Planner can review the parameters of your proposal and confirm if the plans can be stamped with a site plan waiver.  The stamped site plan waived drawings can be forwarded to the Building Division to facilitate any required Building Permit process.  A Site Plan Waiver fee is associated with this process, as opposed to the Site Plan Approval fee.
 

 Process:

 
expandStep 1 - Pre-Application Consultation
In accordance with the City’s Official Plan, the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval.  The pre-consultation 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.  An application form and fee is required in conjunction with the pre-consultation application. 
A response letter will be provided to the applicant to summarize the issues identified by staff through the pre-consultation review.  Please note however that the issues identified in the response 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.        
expandStep 2 - Application Submission

The site plan application form, fee, plans and studies are to be submitted to the City of Brampton’s, Planning and Land Development Services Division of the Planning Design and Development Department (City Hall – 3rd Floor).  

A partial site plan submission package may be accepted by City staff, at their discretion, to commence the site plan review process, provided the submission contains an application form, payment of all associated application fees, and a comprehensive site plan drawing.  Required supporting materials (i.e. elevation drawings, grading and servicing plans, noise report, landscape plans) may be received thereafter.  

A Development Planner is assigned to process the file and coordinate all comments received for the application. A file number is assigned to the application.

expandStep 3 - Circulation to Internal Departments/Divisions, External Agencies

The application is circulated to all pertinent internal Divisions/Departments and external agencies (i.e. Region of Peel, Conservation Authority) for review and comment.

The application is presented by the City’s Development Planner at a Site Plan Team meeting to discuss the details of the application and related issues.  The Site Plan Team is comprised of representatives of Internal Division/Departments, and typically meets on a weekly basis (Thursday mornings).
expandStep 4 - Site Plan Report

Comments are received from all pertinent internal Divisions/Departments and external agencies and consolidated by the Development Planner into a Site Plan Report. 

Please note that no plans are to be resubmitted to the City until the Site Plan Report is issued to the applicant, unless agreed upon by the Development Planner.  Otherwise, a resubmission may complicate the review and result in unnecessary delays.

The Site Plan Report and accompanying cover letter is issued to the applicant.

expandStep 5 - Resubmission and Follow-Up

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 Division/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 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 Division/Departments/Agencies will confirm to the applicant if all requirements are satisfied, and if their clearance for approval and any applicable conditions for a site plan agreement can be forwarded to the Development Planner. 

expandStep 5 (A) - Expedited Approval – Building Permit Memorandum
Provided no significant issues remain with respect to the site plan application review, particularly with respect to the location of any buildings proposed, the Development Planner may be able to support the submission of a Building Permit Application to be processed simultaneously with the Site Plan Application.  In this case, the development planner will prepare a memorandum to the Chief Building Official/Director of Building to request that a Building Permit Application be received.  The applicant would subsequently be required to follow up directly with the Building Division to satisfy any of their requirements for a Building Permit Application.
expandStep 6- Site Plan Approval

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 Planning and Land Development Services for approval/signature.  

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 Planning staff 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 (i.e. executed agreement, land conveyances) and Finance Department (i.e. insurance certificate, financial securities) are satisfied.      

Upon the release of the approved site plan documents, the applicant is to make any necessary copies of the documents and forward them to the Building Department for their review in association with a Building Permit Application, if required.

expandStep 7 - Post Construction Compliance Review and Security Reductions
Upon the completion of site plan agreement improvements, the owner may commence the process to release the securities by providing the Open Space Design and Construction Section of the Planning, Design and Development 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, and the Engineering and Development Services Division of the Planning, Design and Development 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.  A request to grant final acceptance and release the security holdback at the end of the maintenance warranty 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.
 

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