There is no development without an approved site plan. Under provincial law, municipalities can pass bylaws that create site plan control areas and property developers are prohibited from undertaking development in site plan control areas unless they have received municipal council approval of their site plan and/or drawings. The site plan approval process enables municipalities to influence land development in a manner that is safe, functional and orderly, and aligned with the vision they have for the community.
In developing a site plan, it is important to take account of physical features – such as site topography and existing infrastructure – as well as legal considerations – such as land use polices and zoning restrictions. To ensure the success of your proposal, it is prudent to have legal counsel assist with the development of your site plan, as well as the site plan application process.
WeirFoulds is one of the few leading Canadian law firms with significant expertise in land use and development, including site plans. Ours lawyers advise architects, engineers, property developers and municipal councils on all aspects of site plan development and approval. We assist clients with preparing site plans that take account of zoning requirements, building code restrictions, easements and rights-of-way. We also advise clients on the application process, and represent them in appeals before the Ontario Municipal Board.
In addition, we assist municipalities with passing site plan control by-laws, and we advise municipal councils on discharging their obligations once they have responsibility for site plan approvals.
Some recent projects include: