Interim Control Bylaw (ICBL)

An interim control bylaw (ICBL) is a tool available to Ontario municipalities as part of the Planning Act. An ICBL places a temporary “freeze” on the development of certain lands while a municipality is studying or reviewing its land use policies. The restrictions can only be imposed for one year, with a maximum extension of a second year. Once an ICLB is no longer in effect, a subsequent ICBL may not be imposed on those same lands for three years.

Why was the recommendation for an ICBL introduced?

The recommendation to implement an ICBL was brought forward by City staff in response to two primary concerns:

1. Growth pressures that continue to emerge for the lands in the study area City staff are aware of multiple pending developments in the application review stage where the proposed intensities are significantly higher than those anticipated by the Official Plan. In addition, there are many other expressions of development interest and land assemblies taking place in the downtown Urban Growth Centre and in proximity to the Burlington GO station where the intensities being considered are substantially larger than what is proposed in the current Official Plan or the 2018 adopted Official Plan which is currently under review.
2. The role and function of the John Street Bus Terminal as a Major Transit Station Area (MTSA) The John Street Bus Terminal is identified as a MTSA in the Province’s 2017 Growth Plan. Its designation as a MTSA was relied upon by the Ontario Municipal Board in its decision to allow a 26-storey development at 374 Martha St, citing that as a MTSA, the terminal could support intensities well in excess of those contained in the Official Plan. The terminal’s capacity to absorb the transit impacts of significant growth plays a critical role in shaping the mix of land uses and transit development within the downtown UGC.

Why were residents and developers not given notice that an ICBL was coming?

The City of Burlington met the notice requirements under the Planning Act for an ICBL; the Act states that no notice is required prior to the passing of a bylaw for an interim control bylaw.

Are there legal challenges allowed to the ICBL once it’s in place?

An ICBL may not be appealed when it is first passed, however the extension of the ICBL to a second year may be appealed.

When will the land-use study start?

Work to begin the land-use study was initiated immediately by Department of City Building, following approval of the ICBL by Burlington City Council.

Who will conduct the land-use study?

Dillon Consulting Limited has been retained to carry out the work of the ICBL Land Use Study. The study will be managed by City Building staff.

What is the process for the ICBL land-use study?

There are four key stages in the study, including: 

1. Review Background Material and Data Collection/Analysis

• This stage includes the review of all applicable existing Provincial, Regional and Municipal policies and plans, and the analysis of available transit and transportation data and information.

 2. Asses the Role and Function of Transit Station Areas

• This stage will assess the role and function of the downtown bus terminal and the Burlington GO Station as Major Transit Station Areas (MTSAs), including assessing the existing and long-range planned transit service for the study area and the connections between the two respective MTSAs. 

3. Examination of Planning Structure, Land Use Mix and Intensity

• This stage will examine and recommend any required changes to the principles, objectives and policies in the City's existing Official Plan, land use mix and intensity for the lands in the study area, based on the findings of stage 2. 

4. Reporting

• The final stage will include delivery of a final report, including proposed Official Plan and Zoning bylaw amendments, as needed.

 Which areas of the city are impacted?

The study areas identified are in Ward 2 and includes the Downtown Urban Growth Centre and lands near the Burlington GO station. 

What percentage of land in Burlington does the study area cover?

1.07%

How does the land-use study impact the re-examination of the policies in the Official Plan?

Work to re-examine the adopted Official Plan will take place at the same time as the ICBL study. Findings from both initiatives may inform each other.

How does this study differ from studies done in the past through work on the Official Plan or the downtown Mobility Hub?

Previous studies of the downtown have not included an examination of the role and function of the John Street bus terminal and Burlington GO as a Major Transit Station Areas (MTSA).

What if the land-use study is completed in less than one year?
If the study is completed in less than one year, city staff will bring forward the recommendations from the study to Council at that time.

What is the cost for the land use study and where is the money coming from?

Funding for the Study will come from city reserve funds including the Planning Initiative Reserve Fund with final costs to be confirmed and reported to council at a late date.

What City revenue will be lost during the time the ICBL is in place?

The City could see reduced planning development fees and revenues, reduced building permit and construction activity with reduced associated fees and revenues, reduced parkland dedication fees, and reduced development charges collected.

Can certain developments be taken out of the ICBL study area?

Removing developments in the study area is not recommended to allow for a comprehensive planning study to be undertaken for the area and for consistent and fair application of the ICBL.

Are there exemptions allowed for residential properties during the ICBL for people who want to build a deck or renovate their home?

Yes. Building of pools, decks, fences and interior alterations are permitted. These types of developments are considered minor and/or accessory to the main use of the property. They are not considered to affect intensity or land use in the study area, so they are exempt from the ICBL.

Which developments will be impacted by the interim control bylaw?

Developments in the study areas that submitted applications for site plan approval, in accordance with the approved zoning bylaw, prior to the date the ICBL was passed (March 5, 2019) are exempt from the ICBL.

This includes development applications for:

• 490-492 Brock Ave.
• 374 Martha St
• 421 Brant St.
• 442 Pearl St.
• 471 Pearl St. (Reach Out Centre for Kids (R.OC.K.))
• 2030 Caroline St./510 Elizabeth St./2025 Maria St.
• 2092 Old Lakeshore Rd.

What about proposed developments in the study area that are low density and within the limits of what is anticipated in the Official Plan?

Low-density residential uses within the study area will be affected by the ICBL. No new construction of permanent buildings or structures will be permitted including additions will be permitted while the ICBL is in effect.

Will the city continue to accept development applications during the year-long freeze?

The City will continue to accept development applications. Applications currently being processed, and new applications submitted will be circulated for comment to relevant departments and agencies and statutory public meetings will be held to receive public input. No planning analysis will be undertaken, and recommendation reports will not be prepared until the ICBL and policy and zoning are in place.