Subdivision or Condominium Development Applications

A Plan of Subdivision is the process through which the Town approves the creation of new lots, blocks, and roads within residential neighbourhoods, commercial areas, and/or industrial areas. The process to obtain approval of a Draft Plan of Subdivision and final approval of the Plan can take months to several years; the time frame depends on the nature and complexity of the proposed development.

Fore more information, please see the Plan of Subdivision Information Sheet.

A condominium is a type of land status or land ownership that can be residential, commercial, and industrial or combination. According to the Condominium Act an application for a condominium must be processed in the same way as a Plan of Subdivision under the Planning Act and include any necessary modifications. This act gives the Town of Midland the authority to regulate the division of land and/or buildings through a Plan of Condominium.

Condominiums are generally made up of two parts:

• Common element such as hallways or parking areas
• Exclusive use areas such as the individual unit

Types of condominiums

There are six types of condominiums:

Leasehold

• A form of ownership where the occupant owns the unit, while the condominium corporation can lease the land and a third party can retain ownership of the land.

Standard condominium

• A form of ownership where the title to a unit is held together by a share in the rest of the property, which is common to all of the owners.

Vacant land condominium

• A Plan of Condominium, where common elements and units are created, but no buildings or structures have been constructed at the time of registration of the condominium plan. Can provide flexibility for unit purchasers to choose their own building design, while still benefiting from common services or facilities.

Common elements condominium

• A Plan of Condominium, where the condominium corporation retains ownership of the common elements portion of the condominium. Owners of freehold properties will have common interests in the common elements.

Phased condominium

• A form of condominium that can be developed in phases; typical in clusters of townhouses and multiple apartment buildings. New units or common elements can be added without Planning Act or Condominium Act approval. A phased condominium can assist developers with completion of sales of units while other areas of the development are still under construction.

Conversion from rental to condominium status

• An owner of a rental building can apply to convert existing rental units to condominium tenure (status) in order to sell the units as separate entities.

For more information, please see the Plan of Condominium Information Sheet.

If a Draft Plan of Subdivision or a Draft Plan of Condominium is approved by Council it will be subject to a lapsing date. If all conditions will not be fulfilled prior to the lapsing date, an application for a request for an extension will be required to be submitted to the Town. The Town will review the merits of the request and the status of the file. The Town will either recommend approval or denial of the extension request.

Authority to grant an extension to an approved Draft Plan has been delegated by Council to the Executive Director of Planning, Building, By-law (or designate) under By-law.

In some cases, an amendment to an approved Draft Plan may be required. This would require an application to revise the plan. Where the amendment is minor or of a technical nature, a red-line revision can be applied for. Where the amendment relates to the changing of lot sizes, changing of the lot layouts, or where the change would be considered a major change, the revision to a draft plan would need to be applied for.

Prior to the submission of an amendment application, Pre-Submission Review is strongly encouraged.