Interim Control By-laws
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Town of Whitby
| Mature Neighbourhoods Study |
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SGL Planning & Design Inc. has been retained to conduct the related study which will propose recommendations for amendments to assist in maintaining the character of these residential neighbourhoods. Study work commenced in March 2021. The study will be carried out in three phases. Get InvolvedAre you interested in providing feedback on the study? Please visit our ConnectWhitby webpage - Mature Neighbourhoods Study - for project information and consultation. Would you like further notification? Please complete our online Interested Party form. |
| Interim Control By-laws Background |
| On December 7, 2020, Council passed Interim Control By-laws # 7699-20 and # 7700-20, under Section 38 of the Planning Act.
Council adopted the two Interim Control By-laws (ICBL's) under Section 38 of the Planning Act. The ICBL's apply to residential lands generally located south of Taunton Road, North of Highway 401, excluding the new West Whitby community, Employment Areas and Intensification Corridors/Areas. You can view the by-laws by clicking the links below:
You can view a key map of the residential lands that the Interim Control By-laws apply to by clicking the link below: The Interim Control By-laws temporarily prohibit the creation of new intensified residential uses within the areas identified in the ICBL’s and key map for an initial period of one year up to a maximum of two years. This pause in residential intensification allows the Town to undertake a study of the existing mature residential neighbourhoods and examine the regulatory framework of the Town’s Official Plan and Zoning By-laws and propose recommendations for amendments that will assist in maintaining the character of the residential neighbourhoods. This means that the Town will not be accepting or processing development applications or building permits for the following types of applications within the identified areas:
For further details, please refer to the ICBL frequently asked questions (FAQ's) below. |
You can view the Notice of Passing for the Interim Control By-laws below:
| Notice of Passing |
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Date of Decision: December 7, 2020 | Date of Notice: December 24, 2020 The Council of The Corporation of the Town of Whitby passed By-law #7699-20 (an Interim Control By-law) and By-law #7700-20 (an Interim Control By-law) on December 7, 2020 under Section 38 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act"). The Interim Control By-laws cover a significant number of properties in the Town of Whitby north of Highway 401 and south of Taunton Road. Due to the large geographic area regulated by the by-laws, key maps and descriptions of the subject lands have not been provided with this notice and will be provided upon request or may be accessed at whitby.ca/interimcontrolbylaws. By-law #7699-20 and By-law #7700-20 shall be in effect for a period of one (1) year from their date of passing, unless repealed in whole or in part by the Council of The Corporation of the Town of Whitby prior to their expiry. Pursuant to Subsection 38(2) of the Act, the Council of The Corporation of the Town of Whitby may amend either of the Interim Control By-laws to extend the period of time during which they may be in effect, provided the total period of time does not exceed two (2) years from the date of passing of the Interim Control By-laws. Pursuant to Subsection 38(4) of the Act, only the Minister of Municipal Affairs and Housing may appeal to the Local Planning Appeal Tribunal in respect of By-law #7699-20 and By-law #7700-20 by filing a notice of appeal with the Clerk of The Corporation of the Town of Whitby within 60 days after the date of the passing of the Interim Control By-laws. Purpose and EffectThe purpose of By-law #7699-20 and By-law #7700-20 is to prohibit the creation of new "intensified residential uses" in the areas regulated by the Interim Control By-laws while a study is undertaken to examine the land use policies in the Town of Whitby's Official Plan, and in Zoning By-law #1784 and Zoning By-law #2585. The effect of By-law #7699-20 and By-law #7700-20 is to prohibit new "intensified residential uses" in the areas regulated by the Interim Control By-laws, as follows: (a) the gross floor area of any new or additional dwelling, or any add-on to an existing dwelling, is limited to a maximum increase of 35% of the gross floor area of any dwelling that existed on the same lot on the date of passage of the Interim Control By-laws; (b) any new dwelling, or addition to a dwelling, cannot exceed the height of the structure that existed on the lot on the date of passage of the Interim Control By-laws; and (c) no new dwelling is permitted on land that was vacant on the date of passage of the Interim Control By-laws or becomes vacant by means of a consent to sever or a plan of subdivision during the period of time when the Interim Control By-laws are in effect. For more information about this matter, visit whitby.ca/interimcontrolbylaws or contact the Town's Planning and Development Department at 905.430.4306 or by email. Dated at the Town of Whitby this 24th day of December, 2020. Kevin Narraway | Deputy Clerk Town of Whitby, 575 Rossland Road East, Whitby, ON L1N 2M8 |
Interim Control By-laws FAQs
| What is an Interim Control By-law? |
| An interim control by-law is a tool available to Ontario municipalities under Section 38 of the Planning Act that allows municipalities to place a pause on development of certain lands while a municipality studies or reviews land use policies. The Interim Control By-law can be imposed for a one year period, with a maximum extension of a second year. |
| Where can I access the Interim Control By-laws? |
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A link to the Interim Control By-laws can be found here: |
| Do the Interim Control By-laws apply to all properties within the Town of Whitby? |
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No, the Interim Control By-laws only pertain to properties that are identified on the attached schedules to the by-laws. A Key map showing where the by-laws apply can be found here: |
| Can the Interim Control By-laws be appealed? |
| There is no ability to appeal the Interim Control By-laws save and except for the Minister of Municipal Affairs and Housing during year one. A proposed extension, up to a maximum of one additional year is appealable by all parties. |
| How do the Interim Control By-laws affect me? |
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If your property is located within the study area of the Interim Control By-laws, the Interim Control By-laws prohibit the development of any new residential development or additions to existing residential uses resulting in greater than a 35% increase in gross floor area and/or increases to the height of the structure beyond that which existed on the same lot on or before the date of the passing of the by-laws (December 7, 2020). This means that the Town will not be accepting or processing building permits for the following types of applications within mature neighbourhood areas as identified on the Schedules:
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| Do the Interim Control By-laws apply to properties that have gone through a Town planning approval process, but have not yet gone through all of the planning processes in advance of a building permit? |
| No, in accordance with Section 2.3 (c) of Interim Control By-laws # 7699-20 and # 7700-20, if land has been granted approval by the Town of Whitby under an Official Plan Amendment, Zoning By-law Amendment, Site Plan Approval, Draft Plan of Subdivision, or Minor Variance application within the Study Area for Intensified Residential Use on or before December 7, 2020 they can proceed through the required planning processes provided relief is not sought from Gross Floor Area or height in accordance with the Interim Control By-laws. |
| What constitutes approval of a previous planning application? |
| For the purposes of these Interim Control By-laws, approval is considered to be the date when Council rendered its decision to approve the Official Plan Amendment, Draft Plan of Subdivision, Zoning By-law Amendment, Site Plan (where Council has rescinded delegated approval from staff), Commissioner of Planning approval of delegated site plans, and Minor Variance approval by the Committee of Adjustment. |
| Can I apply for a minor variance? |
| Yes, however, only if the minor variance is seeking relief for an increase in Gross Floor Area over the established gross floor area on or before December 7, 2020 of less than 35% and is not seeking an increase in the established height of the structure on or before December 7, 2020. Variances seeking relief from other zone provisions (e.g. setbacks, coverage) may also be processed as long as they are within the permitted limits of gross floor area and height. |
| How is Gross Floor Area Defined? |
| Gross Floor Area means the total area of all floors in a building, measured from the outside faces of the exterior walls at grade or above and does not include a basement, cellar or garage within the structure. |
| What if I already applied for a building permit? |
| The Interim Control By-laws exempt applications for building permits that were considered complete and issued (or should have been issued pursuant to the timelines prescribed by the Building Code Act) by the Town on or prior to December 7, 2020. |
| Can I obtain a building permit on an existing vacant lot? |
| No, unless such land has been granted all required approvals under an Official Plan Amendment, Zoning By-law Amendment, Site Plan Approval, Draft Plan of Subdivision, Minor Variance application, or Region of Durham Consent Application within the Study Area for Intensified Residential Use on or before December 7, 2020. |
| Do the Interim Control By-laws apply to renovations? |
| Renovations to a dwelling that will not result in an increase to Gross Floor Area greater than 35%, and do not increase the height, are not subject to the Interim Control By-laws. Similarly, any internal renovations, such as renovations to an unfinished basement or attic, are not subject to the Interim Control By-laws. |
| Do the Interim Control By-laws apply to second storey additions that do not propose an increase to the building footprint? |
| The Interim Control By-laws restrict any increase in height from what existed on a lot on the day the By-law is passed. |
| Do the Interim Control By-laws apply to proposed dwellings or additions that increase existing Gross Floor Area by greater than 35%, but are smaller than adjacent dwellings? |
| Yes. The Interim Control By-laws were enacted as a temporary measure, to restrict the level of change in the Town's mature neighbourhoods until new policies have been established through completion of the requisite land use study and by-laws. |
| Can a severance application be processed? |
| The Town of Whitby Planning and Development Department will be recommending that severance applications within the study area be withheld until the Interim Control By-laws have expired or are lifted. The Region of Durham Planning Department is the lead agency with respect to processing severance applications. The Region of Durham Planning Department will advise any applicants to contact the Town of Whitby Planning and Development Department to determine if they are within the Interim Control By-law Study Area. If they are within the study area, the Town fully expects the Region of Durham to refuse to process any applications. Further, a building permits will not be issued by the Town. |
| Can I apply for an exemption to the Interim Control By-laws? |
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Yes, property owners who choose to apply for exemption from the ICBL's are required to submit a written exemption request to the Town of Whitby Planning and Development Department at planning@whitby.ca. The Planning and Development Department will also accept a hard copy of the exemption package delivered to Town Hall. The letter request should include the following information:
Upon receipt of the exemption request, the Town’s Planning and Development Department will forward the request, with supporting information to Council for their consideration. |
| Is there an application fee to apply for an exemption to the Interim Control By-laws? |
| No. There is no application fee for an exemption. |
Contact
For questions or for additional information, please contact the Planning and Development Department at 905.430.4306 or by email.
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