Why Do Development Applications Get Denied?
First time “developers” (yes, you probably are one, but don’t realize it) quickly learn that the development “game” can be challenging and complicated.
Even those seeking a severance or minor variance are developers. And as we’ve noted before, development is not “guaranteed”. Every project is unique and has its own risk and complications. Some of them even get denied (yes, shocking!).
Before you get too nervous: we get it.
There’s usually a lot riding on your development application. You’ve likely spent a lot of time, energy and likely money into making your vision into reality. We have, too. We like to make sure our clients are prepared when issues come up, as they almost always do. That’s why we thought it might be helpful to understand why a development might be refused.
Here are some that we’ve seen.
Your vision isn’t possible.
For example, if your property contains wetlands, woodlands and/or other natural features, you need an Environmental Impact Study (EIS). If your EIS shows that there are natural features that must be protected, your plans may not be possible. At this point, we normally suggest revising your plans to work, instead of pushing ahead with a costly process that is not likely to happen. We don’t like seeing our clients waste money.
Your project doesn’t meet municipal standards.
To start, we agree on what success looks like for your project, and confirm any constraints that may impact this. We also agree on a timeline/schedule, making sure you meet your needs. We know from experience that any impact to cost, time, and scope is bound to affect the quality of outcome; this is also referred to as The Triple Constraint.
While we do our best to manage your project to avoid these risks, we know that projects often change while underway, impacting budget and schedule. This can ultimately impact the quality of your application.
It may be that your project is not permitted by Zoning which may lead municipal staff to deny (read “not support”) your application.
For example, if you were interested in severing your property, and you own a property that is zoned agricultural, you would likely receive pushback (“no”) from the municipality. It is possible to propose a Zoning By-law Amendment or Minor Variance to rezone the land, but this depends on your intended use and what provisions exist on the site.
Your vision may not be what the neighbours want.
Developments, of any size can get rejected by the public, including your neighbours. For example, you may want to sever a new lot from your property. Neighbours may not like this, as it will lead to more traffic, block their view, or somehow devalue their property. While some may call this NIMBY (Not In My Back Yard), if a neighbour raises a valid point, Council may decide in their favour.
Decision-makers may have their own interests, or may vote against good planning.
One of the biggest unknowns in any project is when dealing with non-planners, including the Committee of Adjustment and Council. Even if the municipal planner supports your project, Committee/Council have the final vote on whether a project is approved. And sometimes there are NIMBYs on council. For a developer who has invested in this process, this can be disheartening; it's also not a great feeling for land use planners who believe that the work constitutes “good planning”. This, unfortunately is difficult to predict and will take more time and money to resolve, through an appeal to the Ontario Land Tribunal (read “OMB”).
As you can see, approvals aren’t simple or guaranteed. It’s about playing the long game and sustaining relationships along the way. Often, it’s these relationships that can allow us to negotiate for a better result. And we often do! Sometimes we take on new challenges, or we bring the project to higher authorities such as the Ontario Land Tribunal (OLT), for a decision.
If you’re concerned about your project possibly being denied, reach out to LandPro! We usually increase your odds of success.
