Credit:  Planning Department, City of Toronto

Planning Approval Process

Any developer must submit their proposed Site Plan to the City of Toronto.  If the building is designated heritage or historic, or contains rental units, additional requirements apply.  The Site Plan includes architectural plans, survey and various reports on environmental issues, such as wind levels and sun/shadow studies.  Toronto has additional Design Guidelines that govern site planning (i.e. Downtown Tall Buildings, North Downtown Yonge, Toronto General Hospital, University of Toronto).

If the Site Plan complies with the Official Plan, the Zoning Bylaw, and various Design Guidelines, it is circulated to City Departments for feedback.  A Community Consultation meeting is typically held, organized by the Planning Department.  The City Councillor will be involved, and the application may be revised.  The application will be considered by the Toronto East York Community Council before proceeding to the City of Toronto Council upon approval.  Once final approval is granted, a  building permit is issued.  A working group comprised of the developer and community stakeholders meet, and a Construction Plan is generated.  Councillor Kristyn Wong Tam has construction staging requirements that applies to all projects in Ward 13 (east of Bay).

If the Site Plan does not comply with the Official Plan, Zoning Bylaw or various Design Guidelines, the developer may apply for a variance.  The variance goes through the same process as noted above.

​If the Site Plan is rejected by the City, the developer has the right to appeal that decision to the Ontario Land Tribunal (OLT).  Effective June 2021, the OLT replaced the Local Planning Appeal Tribunal (LPAT), which replaced the Ontario Municipal Board (OMB) in 2017.

Planning Reference Documents

1. Provincial Policy Statement: All land use planning in the City of Toronto must adhere to the Provincial Policy Statement issued in 2020.    The province's land use planning is outlined in this document, with the goal of maximizing use of land and infrastructure.  Click here for a copy of the policy.
2.  A Place to Grow: Growth Plan for the Greater Horseshoe:  Land use outlined by the provincial government details the methods related to growth and environmental projection for the Greater Horseshoe area, including Toronto was released in 2020.  Major transit station areas (e.g. areas within 10 minutes walk of the Yonge subway line) are targeted for development with densification.  Urban sprawl is discouraged.  Stormwater management and watershed planning are highlighted.  Click here for growth plan
3.  Ontario Housing Affordability Task Force Report: The Ontario Housing Affordability Task Force report was released on February 8, 2022 after 2 months of research.  The intent is to make housing more affordable for Ontario residents.  It contained 55 recommendations to speed up development, including building 1.5 million homes in the next 10 years.  The full report is available at:  www.ontario.ca/page/housing-affordability-task-force-report.
4. Official Plan:  The guiding vision for land use in Toronto was developed in 2002 and approved by the Ontario Municipal Board in 2006.  The current version dates back to 2015, with additional material created in 2019.  The plan is regularly reviewed and updated as needed.  Click here for the official plan
5.  North Downtown Yonge - Official Plan Amendment 183 (Site and Area Specific Policy 382):  In  2013, the City of Toronto adopted additional planning guidance with the creation of the Historic Yonge Street Heritage Conservation District and Yonge Street Character Area, in accordance with the Ontario Heritage Act.  The amendment is currently under appeal with the Ontario Municipal Board.  All Phase 1 (non-heritage) items have been resolved as per a settlement in 2016, while the Phase 2 items (heritage and Character Area) are scheduled for discussion at a June 2021 hearing .  Click here for amendment 183
6. To Further Protect Heritage Views of Old City Hall - Official Plan Amendment 199:  In 2013, additional requirements to protect views of landmark buildings was adopted by the City of Toronto and approved by the Ministry of Municipal Affairs and Housing.  In 2015, the Ontario Municipal Board mediated a decision with some amendments.  Click here for amendment 199
7. Updating Tall Building Setbacks Downtown - Official Plan Amendment 352: In 2016, additional requirements for tall building setbacks and tower separations were adopted, along with new zoning bylaws.  Both the amendment and bylaws are currently being appealed at the Local Planning Appeal Tribunal.  Click here for amendment 352
8. Downtown Plan - Official Plan Amendment 406:  Approved in 2019, developments in the Lake Ontario/Bathurst/midtown rail corridor to Rosedale Valley Road/Don River.  The amendment outlines downtown growth plans for the next 25 years.  Click here for amendment 406
9. Public Realm and Built Form Official Plan Policies - Official Plan Amendment 479 and 480:  In 2020, sections 3.1.1, 3.1.2 and 3.1.3 of the Official Plan were replaced with these amendments with updated policies related to public realm and built form.  The amendments were approved by the Ministry of Municipal Affairs.  Click here for amendments 479 and 480
10. TOcore:  TOcore is a 25 year long term plan for the downtown area that was developed by the City of Toronto in 2018, in addition to the Official Plan.  TOcore provides the Secondary Plan for the Downtown Toronto area extending from the CP Rail line (Summerhill) to the north, Bathurst Street/Garrison Creek to the west, The Toronto Islands to the south, and the Don Valley Parkway to the east.   It promotes livability of the City while encouraging respectful growth and development.  The original version of TOcore is in effect with all development applications that were submitted to the City of Toronto prior to June 6, 2019. Click here for TOcore
11. TOcore Secondary Plan: On June 6, 2019, the Government of Ontario approved the TOcore Secondary Plan.  Their approval included hundreds of changes to the terms of the original TOcore policies.  One example is "This Plan does not apply to applications for official plan amendment, zoning by-law amendment, draft plan of subdivision or condominium approval, site plan approval, consent, or minor variance which were complete prior to the approval of this Plan and which are not withdrawn. In-force site-specific official plan and/or zoning by-law amendments shall be deemed to conform with this Plan."  Thus, the TOcore changes made by the Government of Ontario affect only the development applications submitted to the city after June 6, 2019.  Click here for secondary plan
12. Downtown Tall Buildings: Vision and Supplementary Design Guidelines: A secondary plan for Bathurst to the rail corridor north of Dupont Street on the north to the Don Valley Parkway to Toronto Harbour to harmonize performance standards for tall building applications was finalized in 2016.  The emphasis is on sustainable design and promotes heritage conservation while encouraging architectural design excellence that benefits the existing neighbourhood.  Click here for guidelines  
13. Bloor Corridor Visioning Study: Close to the Bay Cloverhill neighbourhood, in 2009 an urban design overview of the Bloor corridor from Avenue to Bathurst was launched.  It promotes pedestrian friendly streets, green spaces and sustainability.  Click here for study​

Municipal Initiatives

Yonge TOmorrow is the Yonge Street planning framework that seeks to modernize the City's main street by encouraging downtown residents and visitors to experience a pedestrian and cyclist friendly urban environment.  Phase 1 covers the areas from Queen Street to Carlton/College Street and planning commenced in 2016.  In 2021, the recommended Design Concept was approved by City Councillors.  The Environmental Study Report and Design is underway, with construction estimated to start in 2023.  Phase 2 expands from Carlton/College Street to Davenport and planning/studies should start in 2024.   Click here for document

TransformTO is the environmental plan to reduce greenhouse gas emissions to net zero by 2040.  Through changes to the Municipal Code, the goal is to reduce pollution in the City by 45% by 2025, compared to the 1990 greenhouse gas emissions levels.  The next milestone is to reduce to 65% by 2030. https://www.toronto.ca/services-payments/water-environment/environmentally-friendly-city-initiatives/transformto/
 
CreateTO manages the City of Toronto’s real estate assets. It took over the real estate functions performed by Build Toronto and the Toronto Port Lands Company.  They also work with Waterfront Revitalization Corporation (known as Waterfront Toronto). Programs managed includes Housing Now with a mandate to build affordable housing and ModernTO that optimizes office space use and redevelops surplus buildings. https://createto.ca/.  

Provincial Legislation Affecting the Development Approval Process and Community Benefits Charges

There are changes to how the City of Toronto approves new construction.  Section 37 of the Planning Act, which allowed the city to levy a community benefit charge, such as affordable housing, parkland dedication and money for community projects of between 8% and 12%; has been replaced with a new Community Benefits Charge levy of 4% that will result in substantially reduced costs to the developer as well as reduced infrastructure and improvements cost recovery by the City.
 
The Ontario Housing Affordability Task Force report was released on February 8, 2022 with 55 recommendations to make housing more affordable for Ontario residents.
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Bill 197, COVID-19 Economic Recovery Act, 2020

The COVID-19 Economic Recovery Act, 2020 came into effect on September 18, 2022 which replaced the ability of municipalities to recoup infrastructure costs related to development as a Section 37 community benefit charge with a new Community Benefit Charge of 4% based on the development land value when the building permit is issued.

​Bill 109, More Homes for Everyone Act, 2022 

This bill was introduced on March 30, 2022, and included some of the Ontario Housing Affordability Task Force report recommendations with the goal of changing how land use planning is currently conducted.  The intent is to increase the housing supply by eliminating red tape for development approvals and accelerate municipal approval timelines.  It affected existing legislation (City of Toronto Act, 2006; Development Charges Act, 1997;  New Home Construction Licensing Act, 2017; Ontario New Home Warranties Plan Act; and Planning Act).  Public input was limited with consultation open until April 29, 2022.  The bill speedily received Royal Assent on April 14, 2022.
 
Highlights

• Refunds must be paid for application fees for rezoning applications (with or without an official plan amendment) and site plan applications under the Planning Act, if the City’s decision is not made between 60 to 120 days.  Refunds may be partial or full, depending on the type of application and the length of time it takes for a decision.  Effective January 1, 2023, the time Toronto has to review applications while charging fees will be substantially reduced.  This process is especially challenging in Toronto, where there are 10x the volume of development applications compared to other municipalities.
• The powers of the Minister of Municipal Affairs and Housing will be increased for official plan review and zoning orders, with the addition of an appeal right.
• The process to review site plan applications mirrors the process for official plan amendments and zoning bylaw amendment applications.
• Expired subdivision applications can be revived.
• A bylaw for Community Benefit Charges must be passed every 5 years.
• Parkland Contributions in designated Transit Oriented Communities will be capped to 10% or 15% of the land value.
• Builders must be licensed to comply with the New Home Construction Licensing Act, 2017.
• Warranty periods and definition of quality construction are refined in the Ontario New Home Warranties Plan Act.
• Changes to The Development Charges Act, 1997 establishes a treasurer’s report for accounting of development charges, as well as the ability to pass on the cost of increased infrastructure as a development charge.

 
Bill 3, Strong Mayors, Building Homes Act, 2022

On August 10, 2022, the bill was introduced and it passed on September 8 2022. Toronto and Ottawa mayors were given ‘strong mayor’ executive powers that gave them accountability for the municipal budget process, appoint committee chairs, hire/fire top level city staff and veto powers.
 
Bill 23, More Homes Built Faster Act, 2022

Introduced on October 25, 2022 and passed on November 28, 2022, the bill made changes to the Planning Act related to developments, development charges, Ontario Land Tribunal proceedings, heritage protections, conservation authorities.  The purpose is to require municipalities to build 1.5 million homes in the next 10 years.
 
Bill 39, Better Municipal Governance Act, 2022

Tabled on November 16, 2022 and passed on December 8, 2022, strong mayor powers were extended to enhance veto powers on bylaws related to provincial priorities and expanded to 26 other municipalities in southern Ontario.

Development Considerations

Ensure preliminary community needs are met for any neighbourhood development and that it is appropriate for the area.  Consider the requirement for a site specific By-Law.

1) Projected Impact:  What will be the projected impact of the building on those in the neighbourhood? What will change in the lived experience of those who live, visit, shop or just walk by the building?
2) Design Language: Does the building "speak" the design language of its environment? Is its approach to solving design problems consistent with the approach taken by the buildings in the neighbourhood? Such design compatibility leads to a sense of wholeness and is pleasing to people.
3) Respect for Good Design Principles: Does the building respect good design guidelines? Depending on the context there will be implicit or explicit guidelines for such things as the height of the podium;  setbacks;  stepbacks;  massing;  wind;  and green space, including the Green Loop.
4) Community Influence: What leverage might the community have to influence the project? Knowing our strength can be important in discussing possible changes to the plan. It's a question of how much change might we be able to win.

Ward 13 Toronto Centre Construction Staging Requirements

Since virtually all construction sites in the downtown core need to encroach on the public domain, the following conditions are placed on all construction staging area applications for all developments in Ward 13 Toronto Centre.

1. (if not closing the sidewalk) Construct and maintain a fully covered, protected, unobstructed, and wheelchair accessible pedestrian walkway for the entire duration of the construction staging area permit, at their sole cost.
2. (if closing the sidewalk) Procure, install, and maintain shipping container(s) (also known as sea cans) to be used as a fully covered, protected, unobstructed, and wheelchair accessible pedestrian walkway prior to, or concurrent to, any permits being issued and for the entire duration of the construction staging area permit, at their sole cost.
3. Post a 24-hour monitored construction hotline number on the construction site hoarding, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.
4. Create a publicly accessible website with regular construction updates and post the website address on the construction site hoarding, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.
5. Provide and install public art, including mural artwork, onto every elevation of the construction site hoarding with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.
6. Sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe.
7. Pressure wash the construction site and adjacent sidewalks and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe.
8. Ensure that the existing sidewalks or the proposed pedestrian walkway have proper lighting to ensure safety and visibility at all times of the day and night.
9. Mitigate light pollution by installing a shield/barrier on any lighting standards in close proximity to adjacent residential properties, such as cranes.
10. Install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.
11. In consultation with Transportation Services, maintain any bike lanes, and install appropriate signage to inform drivers and cyclists of any changes to the cycling lanes.
12. In areas where no cycling lanes exist, in consultation with Transportation Services, install sharrow markings onto the roadway and display appropriate signage on the hoarding board to inform motorists and cyclist to safely share the road.
13. Clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas, resident associations, and local school administration in advance of any physical road modifications.
14. Provide a sufficient number of traffic control persons as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for pedestrians and cyclists.
15. Provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, during large-scale concrete pours and large-scale material deliveries to control construction vehicle access and egress to and from the site and maintain a safe environment for pedestrians and cyclists.
16. Establish a construction management working group that meets monthly and invite local stakeholders including Municipal Licensing & Standards, Toronto Buildings, adjacent neighbours, local resident groups, local BIAs, and local school administration.
17. Email monthly construction progress reports to the local Councillor, local residents’ association, and Business Improvement Area Board of Management.

A complete hoarding plan is required to be submitted to Toronto East York Community Council prior to the construction staging area approval.