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HomeMy WebLinkAboutPDS-058-26Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 15, 2026 Report Number: PDS-058-26 Authored By: Amanda Tapp, Manager of Development Review Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Reviewed By: Mary-Anne Dempster, CAO By-law Number: N/A Resolution Number: PD-080-26 File Number: N/A Report Subject: Administration of Passing Part Lot Control By-laws Recommendations: 1.That Report PDS-058-26, and any related delegations or communication items, be received; 2. That the Deputy CAO, Planning and Infrastructure, or designate, be authorized to pass Part Lot Control Exemption By-laws, including any related amending or extension by-laws, upon being satisfied that the conditions for exemption have been fulfilled, without bringing the by-laws forward to Council for approval; and 3.That all interested parties listed in Report PDS-058-26, be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-058-26 Report Overview This report seeks Council approval to authorize the Deputy CAO, Planning and Infrastructure, or designate, to pass Part Lot Control Exemption By-laws. Staff are bringing this forward in light of the upcoming summer recess and municipal election, which will result in an extended period without regular Council meetings. Although staff have been delegated responsibility for processing Part Lot Control applications since 2011, legislative limitations at that time required all by-laws to be enacted by Council. This requirement has continued to create delays, and staff have identified a concern with the inability to process and finalize these applications during periods when Council is not in session. While this request responds to those immediate timing constraints, staff also recognize the benefit of implementing this as a permanent solution to improve administrative efficiencies. Delegating this authority will streamline processes, reduce approval timelines, and support the timely delivery of housing, consistent with the intent of the Municipal Act. 1. Background 1.1 On December 19, 2011, Council approved the recommendations contained in Report PSD-102-11, which delegated aspects of the Part Lot Control (PLC) process to staff as part of a broader initiative to improve customer service, streamline internal processes, and enhance workflow efficiency within the Planning Services Department. This initiative stemmed from the Department’s Process Improvement Team (PIT), established in 2010 to identify opportunities to improve communication with applicants and refine internal processes. The delegation of Part Lot Control application review was identified as a key opportunity to reduce administrative delays and improve service delivery. This direction also aligned with the Municipality’s Community Strategic Plan (2011–2014), which emphasized the need to review and streamline municipal processes. 1.2 Although staff have been responsible for the technical review and approval of Part Lot Control applications since 2011, the enactment of the associated by-law has continued to require Council approval. This has, at times, created administrative inefficiencies and delays, particularly during periods such as the summer recess or between Council terms, where meeting schedules limit the Municipality’s ability to enact by-laws in a timely manner. These delays can result in impacts to development timelines, including the closing of home sales. 1.3 Since 2011, amendments to the Municipal Act, 2001 have expanded the scope of delegation authority available to municipalities, enabling Council to delegate certain administrative and procedural powers more broadly. The intent of these changes is to support efficient governance and allow staff to manage routine matters, provided that such powers are considered minor in nature and appropriate accountability measures are in place. Municipality of Clarington Page 3 Report PDS-058-26 1.4 In this context, delegation of the authority to pass Part Lot Control Exemption By-laws represents a logical extension of the existing framework. It builds on Council’s previous direction to delegate the application review process and reflects current legislative authority. This change is intended to streamline approvals, reduce reliance on Council meeting schedules for routine matters, and support more timely delivery of development, including facilitating housing opportunities within the Municipality. 2. Discussion Provincial Direction and Municipal Priorities 2.1 In response to the Province’s continued focus on increasing housing supply through legislation such as Bill 109: More Homes for Everyone Act, 2022, and subsequent related initiatives, the Municipality has prioritized efforts to streamline the development approvals process. This remains a key administrative objective of the Planning and Infrastructure Department, with an emphasis on reducing timelines and improving service delivery to facilitate housing development. Overview of Part Lot Control 2.2 Part Lot Control is governed by Section 50 of the Planning Act, which restricts the division or conveyance of part of a lot within a registered plan of subdivision without municipal approval. This provision is intended to maintain the integrity of approved subdivision plans by preventing the uncontrolled division of lots. Typical Applications and Administrative Nature 2.3 Applications for exemption from Part Lot Control are limited to situations where the proposed lot configuration has already been reviewed and approved by Council. Common examples include: • Creation of townhouse lots within blocks approved through subdivision; • Creation of semi-detached dwelling lots; • Creation of Parcels of Tied Land (POTLs) associated with common element condominiums; and • Minor lot realignments or technical land divisions, including easements and land dedications. 2.4 As the fundamental planning decisions have already been established through prior approvals, the Part Lot Control exemption process is administrative in nature. Once all submission requirements have been satisfied, staff prepare the by-law for Council enactment. These by-laws are routinely passed on consent, reflecting their technical and non-discretionary nature. Existing Delegation Framework and Legislative Context 2.5 The review and approval of Part Lot Control applications has been delegated to staff since 2011. However, legislative limitations under the Municipal Act, 2001 at that time did not permit the delegation of authority to pass the by-law itself. As a result, Council enactment has remained a required step in the process. Municipality of Clarington Page 4 Report PDS-058-26 2.6 Since that time, amendments to the Municipal Act have expanded municipal authority to delegate administrative and procedural powers. Section 23.2(4) allows Council to delegate legislative powers to staff, provided that Council is satisfied the authority being delegated is of a minor nature, having regard to the number of people affected, the geographic scope, and the duration of the impact. Operational Challenges and Timing Constraints 2.7 The requirement for Council enactment continues to present operational challenges, particularly during periods when Council is not in session. Staff have identified this as a recurring issue, which has been brought into sharper focus in light of the upcoming summer recess and municipal election, where there will be an extended period without regular Council meetings. While this has prompted the current review, it has also highlighted a broader opportunity to consider a more permanent solution. 2.8 As a result of the existing process, the Municipality is limited in its ability to enact Part Lot Control Exemption By-laws within standard timelines during these periods. This can lead to delays in development implementation, including the closing of home sales and the delivery of housing units. Historically, this has created challenges for developers and purchasers, particularly where project timing is critical. Addressing this constraint through delegation would not only mitigate immediate timing pressures but also provide a longer-term improvement to the efficiency and responsiveness of the development approvals process. Evaluation of Delegation 2.9 Staff are of the opinion that the authority to pass Part Lot Control Exemption By-laws meets the test of being minor in nature as set out in the Municipal Act. Specifically: • These by-laws implement development that has already been approved by Council; • They apply to a limited geographic area; • They are time-bound and administrative in scope; and • They do not involve new policy decisions or significant discretion. Benefits of Proposed Delegation 2.10 Delegating the authority to approve and pass Part Lot Control Exemption By-laws, including extensions to previously approved by-laws would: • Support the Municipality’s ongoing efforts to streamline development approvals; • Reduce reliance on Council meeting schedules for routine administrative matters; • Prevent delays during Council recess periods; and • Facilitate the timely delivery of housing within the Municipality. Municipality of Clarington Page 5 Report PDS-058-26 3. Financial Considerations Not Applicable. 4. Strategic Plan 4.1 The proposed enhancement to the Part Lot Control process directly supports the Municipality’s Strategic Plan Priority C.2.2: Support and invest in the creation of housing to meet the needs of the community. 4.2 By further streamlining the development approvals process, this initiative reduces administrative delays associated with bringing Part Lot Control Exemption By-laws forward to Council for enactment. As these by-laws are a critical step in enabling the final conveyance of units, particularly for townhouse and semi-detached developments, as any delay in their approval can directly impact the timing of housing delivery. 4.3 Delegating the authority to pass these by-laws will enable more timely approvals, particularly during periods when Council is not in session. This improved efficiency helps facilitate the progression of development projects, supports the timely construction and sale of housing units, and enhances the Municipality’s ability to respond to market demand. 4.4 Overall, this process improvement represents a practical and targeted measure to remove procedural bottlenecks, ultimately contributing to increased access to housing and supporting the Municipality’s broader objective of addressing housing needs within the community. 5. Climate Change Not Applicable. 6. Concurrence Not Applicable. 7. Conclusion 7.1 It is respectfully recommended that Council authorize the Deputy CAO, Planning and Infrastructure, or designate, to pass Part Lot Control Exemption By-laws, including any related amending or extension by-laws, upon being satisfied that the conditions for exemption have been fulfilled, without bringing the by-laws to Council. Staff Contact: Amanda Tapp, Manager of Development Review, or atapp@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision.