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Land Use & PlanningDevelopment ApprovalsMEDIUM

A developer wants to build 15 freehold townhouses on one vacant parcel that is not within a registered plan of subdivision, and sell each townhouse on its own lot. Which approval would typically be needed to create the individual lots?

Correct Answer

C) Plan of subdivision

Under Planning Act s. 50(3), land that is not in a registered plan of subdivision generally cannot be divided and sold in parts without an approved plan of subdivision or a consent. For 15 new freehold lots, a plan of subdivision under s. 51 is the typical route. Site plan approval under s. 41 would also apply to a 15-unit project, but it controls layout and design and does not create lots; condominium units would instead be created by a plan of condominium.

Answer Options
A
Minor variance
B
Site plan approval
C
Plan of subdivision
D
Building permit only

Why This Is the Correct Answer

This is correct because the stem specifies freehold lots on a parcel outside any registered plan. Subdivision control in s. 50(3) of the Planning Act means those lots can only be created and sold through an approved plan of subdivision (or, less typically for 15 lots, consents). The plan of subdivision is the approval that legally creates them.

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Key Terms

plan of subdivisionsubdivision controlsite plan controlconsentPlanning Act
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