HomeMy WebLinkAboutLGS-036-25Staff Report
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Report To: Planning and Development Committee
Date of Meeting: October 20, 2025 Report Number: LGS-036-25
Authored by: Cheryl Waters, Real Estate Manager
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Mary-Anne Dempster, CAO
By-law Number: Resolution Number:
File Number: L4000-10-129E
Report Subject: Outline of Council Policy CP-004 Road Closure and Conveyance
Recommendation:
1.That Report LGS-036-25, and any related delegations or communication items, be
received for information.
Municipality of Clarington Page 2
Report LGS-036-25
Report Overview
This report will clarify the requirements of Council Policy CP-004 Road Closure and
Conveyance and further clarify the issue presented to Council pursuant to a delegation at
the June 16, 2025, Planning and Development Committee meeting by a landowner
regarding the inability to build on a property that does not front an assumed Public Road.
1. Background
1.1 At the June 16, 2025, Planning and Development Committee meeting, the owner of land
(as shown outlined in blue) that fronts the unopened road allowance between Lot 2 and
Lot 3 Concession 5, near Cole Road, in Bowmanville (as shown in red) delegated to
Council.
1.2 The delegant explained their issue regarding the inability to acquire a building permit as
the lands front an unopened road allowance. The delegant requested that the
Municipality provide an easement over a portion of the unopened road allowance to
allow him to construct a driveway and associated single family dwelling.
1.3 The property is zoned A1 and EP which allows for a single-family residential dwelling.
However, Zoning By-Law 84-63 Section 3.8 (a) prohibits the issuance of a building
permit as the lot does not front an assumed public road. The section reads: No building
or structure shall be erected in any Zone, unless the lot fronts upon an improv ed public
street, maintained year-round.
1.4 As a result of this delegation and discussion, Council resolution PD-058-25 was
approved requesting staff report back to Council outlining Council Policy CP-004 Road
Closure and Conveyance (Attachment 1), clarifying the steps to convey an unopened
road allowance and its relationship to the issue brought forward by the delega nt.
Municipality of Clarington Page 3
Report LGS-036-25
2. Discussion
Council Policy CO-004 Road Closure and Conveyance
2.1 Report LGS-022-23 was brought to the June 19, 2023, Joint Committee Meeting
requesting the adoption of the Road Closure and Conveyance Policy. By Council
Resolution # C-092-23 on June 26, 2023, the Policy was adopted with the exception of
Section 5.3.1.
2.2 The policy provides for the following procedures when the Municipality is asked to
consider declaring surplus and conveying an unopened road allowance.
Initial Screening
2.3 Applicants must complete and submit an application together with a non-refundable
application fee.
2.4 In consultation with the relevant staff and external agencies, a preliminary determination
is made as to whether the road allowance in question is surplus to the needs of the
Municipality.
When Lands are Deemed NOT Surplus to the Needs of the Municipality
2.5 It is the policy of the Municipality not to declare as surplus to the needs of the
Municipality any road allowance that:
a) does not abut property already owned by the applicant;
b) due to its closure would compromise the future development of surrounding
lands;
c) due to its closure would generate an excessive burden of traffic elsewhere;
d) would prohibit or restrict the safe passage of vehicles and/or pedestrians into
recreational parks or other facilities;
e) would obstruct or restrict the access into lands which have enjoyed the
convenience of the road allowance for access purposes;
f) abuts on land, including land covered by water, owned by the Crown in right of
Canada;
g) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the
Crown in right of Canada; or
Municipality of Clarington Page 4
Report LGS-036-25
h) is covered by water.
2.6 There may be other circumstances where the decision is made not to move forward with
the surplus declaration and conveyance. If staff determine that the road allowance
should not be declared surplus, the application is not processed further unless Council
instructs otherwise.
When Lands are Deemed to be Surplus to the Needs of the Municipality
2.7 Staff prepare a recommendation report for the General Government Committee, setting
out the details of the request, and the reasons for the recommendation .
2.8 Written notice of the General Government Committee meeting at which the
recommendation report will be considered is provided to every owner of land that abuts
the road allowance proposed to be conveyed, and every owner of land that abuts the
applicant’s property.
2.9 If Council adopts the staff recommendation to close and convey the road allowance, the
necessary by-law to close and convey the road allowance will ap pear on the Council
agenda for enactment, following which the transaction will be concluded by in the form
of an Agreement of Purchase Sale at a value to be determined by the commissioning of
a “principle of contribution” appraisal of the lands to be conveyed.
The Policy’s Impact to the Delegant
2.10 The delegant has not made a formal application under the Policy, nor ha ve they
submitted the required application fee. The delegant is entitled to make a formal
application under the Policy if they wish to do so, and staff would process the
application and respond to it in accordance with the Policy if an application is made.
2.11 If an application is made, staff believe that it is very unlikely that it would result in a
recommendation from staff to sell the road allowance to the delegant, as the road
allowance is unlikely to be surplus to the needs of the municipality, and its conveyance
to the delegant would adversely impact other owners who currently rely on the public
right of access to reach their own properties.
2.12 The delegant has asked that the Municipality grant them an easement over the road
allowance. The Policy does not cover the granting of easements, as easements cannot
be granted over road allowances, whether opened or unopened.
Municipality of Clarington Page 5
Report LGS-036-25
Road Access Requirements to Obtain a Building Permit
2.13 The requirements for road access for the delegant to obtain a building permit are
contained in section 3.8 of Zoning By-law 84-63, and the delegant’s property does not
meet the requirements in any of the subsections, as:
2.13.1. Under subsection (a), it is not on an assumed road.
2.13.2. Under subsection (b), it is not a lot on a plan of subdivision as required for
a building permit to be issued on an unassumed road.
2.13.3. Under subsection (c), it does not have access by a private right of way,
although it is possible that the delegant could obtain a private right of way over a
neighbour’s property to fulfil this requirement, with the neighbour’s consent.
2.13.4. Under subsection (d), it is not on a private road, which is a distinct type of
road that is not in public ownership.
2.14 Accordingly, the delegant’s property does not meet the requirements of Zoning By-law
84-63 for a building permit to be issued.
2.15 Staff do not recommend constructing a municipal road on the road allowance at this
time due to the significant cost and limited benefit to the community.
2.16 A very preliminary estimate of the cost to construct a road of approximately 300 metres
to reach the current entrance to the property is $540,000.00 ($1,800.00 per metre),
without consideration for ongoing maintenance.
2.17 As discussed above, the delegant can potentially fulfil the access requirements to obtain
a building permit by approaching the adjacent landowner about purchasing a private
right of way and constructing the driveway to his property through the neighbour’s
property.
3. Financial Considerations
Not Applicable.
4. Strategic Plan
Not Applicable.
5. Climate Change
Not Applicable.
Municipality of Clarington Page 6
Report LGS-036-25
6. Concurrence
This report has been reviewed by the Deputy CAO/Planning and Infrastructure who
concurs with the recommendation.
7. Conclusion
It is respectfully recommended that Report LGS-036-25, and any related delegations or
communication items, be received for information.
Staff Contact: Cheryl Waters, Real Estate Manager, 905-623-3379 ext. 2029 or
cwaters@clarington.net.
Attachments:
Attachment 1 - Council Policy CP-004 Road Closure and Conveyance
Interested Parties:
The following interested parties will be notified of Council's decision:
Venizelos (Benny) Skouros
Council Policy
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Page 1 of 10
Number: CP-004
Title: Road Closure and Conveyance
Type: Legal Services
Sub-type: Real Estate
Owner: Legislative Services
Legal
Approved By: Council
Approval Date: June 19, 2023
Effective Date: June 26, 2023
Revised Date: Click or tap to enter a date.
Applicable to: All Staff
1.Legislative or Administrative Authority:
Municipal Act, 2001, S.O. 2001, c. 25, including but not limited to sections 9, 11, 26,
27, 31, 34, and 43.
2.Purpose:
To provide an approved framework for Staff to follow upon receipt of a request to close
and convey a municipal road allowance into private ownership.
3.Scope:
This policy shall apply to circumstances in which a member of the public is seeking to
acquire ownership of a surplus municipal road allowance.
4.Definitions:
In this Policy,
“applicant” means the individual or party originating a request for the closure and
conveyance of any municipal road allowance;
“appraisal” means an appraisal of land value prepared by an accredited member of the
Appraisal Institute of Canada;
“convey” means the transfer of either a fee simple interest or an easement;
Council Policy
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“reference plan” means a plan prepared by a certified Ontario Land Surveyor to
describe the lands to be closed and conveyed; and
“road allowance” follows the same usage as in the Ontario Municipal Act, 2001, S.O.
2001, c. 25.
5. Policy Requirements:
Application
5.1. The Municipality will not consider any request to close and convey a road
allowance unless the applicant has completed and submitted the
application included as Schedule “A” to this policy together with the non-
refundable application fee.
Initial Screening
5.2. The Manager of Development Engineering, with the approval of the
Director of Planning and Infrastructure Services, and in consultation with
the relevant Staff and external bodies listed in Schedule “B” to this policy,
shall make a preliminary determination as to whether the road allowance in
question is surplus to the needs of the Municipality.
5.3. In addition to other any other considerations determined to be relevant by
the Manager of Development Engineering and the Director of Planning and
Infrastructure Services, it is the policy of the Municipality not to declare as
surplus to the needs of the Municipality any road allowance that:
5.3.1. does not abut property already owned by the applicant;
5.3.2. due to its closure would compromise the future development of
surrounding lands;
5.3.3. due to its closure would generate an excessive burden of traffic
elsewhere;
5.3.4. would prohibit or restrict the safe passage of vehicles and/or
pedestrians into recreational parks or other facilities;
Council Policy
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5.3.5. would obstruct or restrict the access into lands which have
enjoyed the convenience of the road allowance for access
purposes;
5.3.6. abuts on land, including land covered by water, owned by the
Crown in right of Canada;
5.3.7. leads to or abuts on a bridge, wharf, dock, quay or other work
owned by the Crown in right of Canada; or
5.3.8. is covered by water.
5.4. If the Manager of Development Engineering and the Director of Planning
and Infrastructure Services determine that the road allowance should not
be declared surplus, the applicant shall be advised of the reasons for the
determination, and the application shall not be processed further unless
Council instructs otherwise.
Procedure for Council Approval
5.5. Upon a preliminary determination that the road allowance is surplus to the
needs of the Municipality, the applicant shall be so advised, and the
remaining steps in this policy shall be followed.
5.6. The Manager of Development Engineering, under the supervision of the
Deputy CAO/Solicitor, shall prepare a recommendation report for the
General Government Committee, setting out the details of the request, and
the reasons for the recommendation.
5.7. Written notice of the General Government Committee meeting at which the
recommendation report will be considered shall be provided to every owner
of land that abuts the road allowance proposed to be conveyed, and every
owner of land that abuts the applicant’s property.
5.8. The Staff recommendation shall be subject to the following conditions:
5.8.1. That the applicant shall pay the cost to prepare and register a
reference plan for the property to be conveyed;
5.8.2. That the applicant shall pay the cost for the Municipality to
obtain an appraisal of the property to be conveyed;
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5.8.3. That the Deputy CAO/Solicitor is authorized to enter into an
agreement of purchase and sale with the applicant with a
purchase price consistent with the appraisal obtained for the
value of the property, and upon such other terms considered
necessary by the Deputy CAO/Solicitor;
5.8.4. That the applicant shall pay the non-refundable processing fee;
and
5.8.5. That once all conditions have been fulfilled by the applicant, the
Deputy CAO/Solicitor shall prepare the necessary by-law to
give effect to the closure and conveyance of the road
allowance.
5.9. If Council adopts the staff recommendation to close and convey the road
allowance, there will be no further reporting to Council. Provided that the
conditions are satisfied, the necessary by-law to close and convey the road
allowance will appear on the Council agenda for enactment, following
which the transaction will be concluded by the Deputy CAO/Solicitor.
Appraisal
5.10. For the purposes of this policy, the Municipality shall retain an accredited,
qualified, and independent appraiser to determine the fair market value of
the property to be conveyed.
5.11. For purposes of any appraisal required by this Policy, it shall be assumed
that the road allowance,
5.11.1. is a non-independently viable tract of land due to its
configuration, land area or specific location;
5.11.2. will be assimilated by the parent parcel;
5.11.3. has in place the identical official plan designation and zoning
classification and development potential of the parent parcel;
and
5.11.4. is vacant.
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5.12. The principle of contribution shall apply to any appraisal obtained pursuant
to this policy. The principle of contribution is a valuation principle that
states that the value of any component of a property is measured by how
much it adds to the net income or market value by reason of its presence
or detracts from the net income or market value by reason of its absence,
and the value of any factor of production depends upon its contribution to
net income or value and not upon its cost.
Schedules
5.13. The following Schedules are integral to and form a part of this policy:
5.13.1. Schedule “A” – Application Form
5.13.2. Schedule “B” – Circulation List for Consultation
5.14. The Deputy CAO/Solicitor is authorized to amend the Schedules to this
policy as needed.
6. Roles and Responsibilities:
6.1. Council is responsible for:
6.1.1. Approving this policy and associated fees.
6.2. Chief Administrative Officer (CAO) is responsible for:
6.2.1. Final endorsement of any Staff recommendations proceeding to
Council.
6.3. Deputy CAO/Solicitor is responsible for:
6.3.1. Obtaining all required property records and confirmation of
ownership.
6.3.2. Reviewing reference plans and appraisal reports for the
purposes of this policy.
6.3.3. Negotiation and execution of any agreements of purchase and
sale authorized pursuant to this policy.
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6.3.4. Completion of land transactions authorized pursuant to this
policy.
6.3.5. Approve any alterations to the Schedules to this policy
proposed by the Manager of Development Engineering.
6.4. The Director of Planning and Infrastructure Services is responsible
for:
6.4.1. Approving decisions of the Manager of Development
Engineering pursuant to this policy.
6.5. Other Directors are responsible for the following within their scope of
authority:
6.5.1. Providing input on the advisability of road closure and
conveyance.
6.6. The Manager of Development Engineering is responsible for:
6.6.1. Receipt of applications pursuant to this policy.
6.6.2. Circulating the application as required.
6.6.3. Reaching a conclusion as to whether the road allowance is
surplus to the needs of the Municipality.
6.6.4. Notification to abutting landowners.
6.6.5. Updating the Schedules to this policy, as required.
7. Related Documents:
7.1. Clarington By-law 2011-011
8. Inquiries:
Deputy CAO/Solicitor
Council Policy
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9. Revision History:
Date Description of Changes Approved By
Council Policy
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SCHEDULE “A” – ROAD CLOSURE AND CONVEYANCE APPLICATION FORM
PART A – APPLICANT INFORMATION
Name:
Address:
Email: Telephone:
PART B – DESCRIPTION OF ROAD ALLOWANCE
Town/Township:
Concession:
PART C – REQUEST TO CLOSE AND CONVEY
I/We, the undersigned, being the registered owner(s) of property abutting the road
allowance described above, request to purchase the road allowance accordance with
the Road Closure and Conveyance Policy.
PART D – AGREEMENT TO PAY COSTS
I/We, the undersigned, agree to pay all costs associated with the closure and
conveyance prior to the passing of the by-law in accordance with the Municipality’s
Policy and Procedure for Road Closure and Conveyance.
SIGNATURE OF APPLICANT(S):
DATE:
Submit to: Planning and Infrastructure Services Department, Manager of Development
Engineering