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By-law #7699-20 and By-law #7700-20 shall be in effect for a period of one (1) year from their date of passing, unless repealed in whole or in part by the Council of The Corporation of the Town of Whitby prior to their expiry.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 Effect

The 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

A link to the Interim Control By-laws can be found here:

• By-law # 7699-20: Interim Control By-law for Intensified Residential Use – Zoning By-law 1784
• By-law # 7700-20: Interim Control By-law for Intensified Residential Use – Zoning By-law 2585

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:

• Key map

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:

• Rebuilding a residential dwelling with 35% or more gross floor area
• Expanding the gross floor area of existing residential dwellings by 35% or more
• Increasing the height of residential dwellings
• Building new residential dwellings on vacant lots that do not meet the exemptions listed in the interim control by-laws
• Any development or redevelopment that serves to increase the number of dwelling units, excluding accessory apartments

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:

• Municipal address or legal description, lot dimensions and a legal survey (if available);
• Gross floor area of the existing dwelling (does not include basement, cellar or garage);
• Gross floor area and conceptual site plan of the proposed dwelling(s) or addition to the existing dwelling, including building elevations of the proposed dwelling and/or addition;
• Photos of all four sides of the existing dwelling or vacant lot with photos that depict the streetscape and relationship of the proposal to the abutting properties;
• An explanation of how the proposed dwelling or addition is compatible with the existing character of the neighbourhood;
• The applicant’s contact 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.