Under Section 50(5) of the Planning Act R.S.O. 1990, c.P.13, as amended
What is part lot control?
Part Lot Control is a provision of the Planning Act that prevents the further division of individual lots or blocks within a registered plan of subdivision, without additional approval. The Planning Act does allow; however, a municipal Council to remove part lot control from a parcel of land under certain appropriate circumstances. An application for exemption from part lot control can only be made if the subject property is a lot or block within a registered plan of subdivision. Please check with the Development Services Department to specifically determine whether a proposal meets the prerequisites for the removal of part lot control. Examples may include: minor changes to the lot pattern created through a registered plan of subdivision; division of large blocks within industrial plans of subdivision for individual end-users; and/or creation of individual lots for semi-detached and street townhouse dwelling units.
Submission requirements:
- Electronic copies of all requested documents are now required for submission. Digital files must be in .pdf format and generated directly from the software used to create them (AutoCAD, Softplan, Revit, etc.) using a PDF printer or converter (no scanned copies). All .pdf files must have the document properties/restrictions/ security settings/permissions set to allow, “Printing” and “Adding Markups” so Town staff can apply redline notes and approval stamps to the documents. No zip files or folders on electronic devices.
- Completed Application form, including Owner’s Authorization (if required) (Owner name(s) shown on the application form must be identical to the Owner name(s) registered on title).
- One (1) copy of each deposited reference plan(s) prepared by an O.L.S. in metric showing:
□ all dimensions of subject lands □ proposed lotting arrangements
□ access and/or maintenance easements □ existing building foundation(s)
Each print must be certified by an O.L.S. to confirm that final as-built ties to building foundations have been shown.
- If draft plans are submitted initially, the applicant must provide the deposited plan at least thirty (30) days prior to the scheduled Council adoption date.
- One (1) Lot Area, Lot Frontage and Lot Coverage Calculation Certificate, certified by an O.L.S.
- One (1) Land Use Schedule of proposed parts identified on reference plan(s) indicating proposed land use and dwelling unit type for each part or parts.
- One Engineers Certification Letter (P.Eng. signature and seal required). The certification shall include a brief description of existing and/or proposed municipal services, no conflicts exist and confirm that the location(s) of all service utility connections is/are acceptable relative to the proposed lot lines.
Fees and financial requirements:
- Town of Milton fees applicable include a base fee, plus a per unit fee plus a by-law registration fee. Town fees are reviewed annually.
- The fee covers one part lot control by-law per application submitted. In cases where Town staff considers that an additional by-law(s) is required to deal with certain lots/blocks, a supplementary fee will be payable per by-law.
- The Town’s fees include the cost of registration of one (1) Part Lot Control Exemption By-law. If difficulty is encountered in registering the by-law as a result of information provided by the Application, the Applicant will be responsible for any additional costs incurred by the Town. If issues arise requiring Conservation Authority review, additional fees may apply.
- Fees are exempt from HST and are made payable as follows:
| Town of Milton |
Fee |
| 2026 base fee |
$1,811 |
| 2026 per unit fee |
$79 |
| Subsequent or extension by-law fee (including registration) |
$1,208 |
Planning fees are due at time of submission. A cheque made payable to the Town of Milton can be submitted either by mail or in person (Drop Box or at Cashiers in the Main Lobby) to the attention of Co-ordinator, Development Administration at Town Hall at 150 Mary Street, Milton. The applicant must provide the following information with all cheque payments:
- Applicant/Owner Name
- Site Address
- File Number (if known).
Missing information can cause delays in processing your payment and application.
Applicable Halton Region fees should be forwarded directly to Halton Region. Visit Halton Region's website for fee information and on how to submit your payment.
Important information for the applicant:
Processing of an application will commence when all necessary supporting documentation and plans have been submitted together with the required application fees. Incomplete submissions will be returned to the applicant.
It is the Applicant’s responsibility to ensure that building permits have been issued and applicable development charges are paid, prior to the processing of an application for exemption from part lot control. If the application does not conform to the Town of Milton’s Zoning by-law, a rezoning or minor variance application must be submitted, approved and finalized prior to Council enacting the exempting part lot control by-law.
Part Lot Control By-laws are approved for a term of one (1) year and automatically expire after that timeframe. Please ensure that all land transfers occur within the one (1) year of the enactment of the part lot control exemption by-law. Follow-up with respect to extensions or renewals are the responsibility and cost of the Applicant.
More information:
For inquiries, please contact the Development Services Department at 905-878-7252, ext. 2398 or via email.
