Planning FAQ

What controls how I use my property?

Neebing has an Official Plan, and a Comprehensive Zoning By-law (see our Zoning page for a copy of Neebing's current comprehensive Zoning By-law 2017-030)These documents contain the rules on how property owners are allowed to use their properties. For example, a manufacturing plant cannot be set up in a residential subdivision. The Zoning By-law is the most important document controlling the use of property. Zoning by-laws can be difficult to read and understand – you can get help by calling or stopping by the municipal office. The Official Plan has the broader rules that the Zoning By-law has to fall within.

How can I get permission to use my property in a manner that isn’t allowed now?

You may need one or two planning decisions to allow a use on your property that isn’t permitted now.

If the change you are seeking is minor in nature, an application for a ‘minor variance’ may be what you need. Whether or not a change is ‘minor’ may be difficult to figure out. There are four tests applied to a change to determine if it is ‘minor’. The change must be:

• in compliance with the Official Plan;
• in keeping with the spirit and intent of the zoning by-law;
• desirable for the appropriate development or use of the property; and
• truly minor in nature – so that it does not have major impacts on neighbouring properties.

If you wish to change the zone that your property is within, or if you wish to add a permitted use to the list of things that you can do on your property, you will need an application to amend the comprehensive zoning by-law as it applies to your property.

If the change to your zoning will mean that the property no longer complies with the rules in the Official Plan, you will also need an application to amend the Official Plan. The application is the same as the one for the zoning by-law amendment.

How can I divide my property into more than one lot?

If you want to create a subdivision with several lots as well as new roads to provide access to the new lots, you must complete the appropriate application form and file it with the Lakehead Rural Planning Board. You will need to hire consultants to make all of the appropriate drawings, and assist you with the process. The Lakehead Rural Planning Board is located within the Municipality of Oliver-Paipoonge municipal office at 3250 Highway 130, in Rosslyn. More information is available through the Municipality’s website at www.oliverpaipoonge.ca.

If you simply wish to divide an existing lot into one, two, three or four lots, you can apply to Council for a ‘consent’ (also known as a ‘severance’). There are rules, and they can be difficult to read and understand. It is best to make an appointment with the office staff to review your application before you submit it. The fee to apply for a severance is $1,000.00. A special public meeting must be held, and notices sent to neighbouring property owners as well as government and other agencies.

What is an ‘easement’ or a ‘right of way’?

An easement is the right to use someone else’s property for the benefit of your own property. A right of way is a specific type of easement that gives someone an access driveway or walking path over one property that leads to another property.

An example of an easement that is not a right of way is an easement each owner of a shared driveway has over the other owner’s half of the driveway. Typically, each owner has the right to step on the other person’s half of the driveway, and to swing their car door open over it, but does not have the right to park on it or block it in any way.

Private roads are often rights of way over other people’s properties.

What do I need to do to create an easement over my neighbour’s property?

Unless you have a court order giving you the right to that easement, you do not have authority to create an easement on someone else’s property. If the owner of the property is willing to grant the easement to you, and you need it to last more than 21 years, an application for a severance is required. More information is available under the question ‘How can I divide my property into more than one lot?’. Although creating an easement does not create a new lot, the process is the same.

What do I do if my neighbour is using his or her property in a manner that isn’t allowed?

If you suspect that someone’s use of his or her property violates the zoning by-law, contact the municipal office.

If the municipality agrees that the use of the property is unlawful, enforcement proceedings will begin. Depending upon how willing the property owner is to comply with the by-law, it may take months before the matter can be resolved. If it becomes necessary for the municipality to take a person to court to enforce the by-law and the process can take more than one year.

I just received a notice about a public meeting, but I cannot attend. What are my options?

It is important that you attend the meeting, send someone else to the meeting to speak on your behalf, or submit written comments about the subject-matter of the meeting. If you fail to do these, you may lose your ‘voice’ in terms of the ability to appeal a decision that you disagree with.

What is the Ontario Land Tribunal (OLT)?

The Ontario Land Tribunal (OLT) is a tribunal that falls under the authority of the Provincial Ministry of Municipal Affairs and Housing, and is created in the Planning Act. Many planning decisions made by a municipality may be appealed to the OLT. The OLT will review the matter and may agree with the municipality, may agree with a few changes, or may disagree with the Municipality and substitute a different decision.

Council made a planning decision that I disagree with. What can I do?

If you made written comments about the decision, or if you came to a public meeting about the decision and made your comments verbally, you have the right to appeal the decision to the Ontario Land Tribunal (OLT). The OLT website contains all of the forms for appealing different types of decisions, as well as the tribunal’s rules and application fees. There are strict timelines, so it is important to act promptly.

If you did not make written comments about the decision and you did not attend any of the public meetings involved, you may not be able to submit an appeal. The OLT will determine whether or not there are special circumstances to allow you to proceed.