Holding and interim control by-laws are among the specialized laws introduced by the 1983 amendment of the planning Act to control how land is utilized. The rules are enforceable, provided that they are specified for use in the municipality’s implementation plan. Therefore, the holdings by-laws are being used in defining the future use of a building or land. The ‘H’ symbol is attached to the zoning as a prefix or suffix to indicate that it is under the specialized by-law and has not yet been implemented. The interim control by-laws are utilized in temporarily freezing land use to allow the municipalities to study and review the land use policy. The following discussion provides an extensive explanation of the difference between interim control and holding by-laws.
In holding by-laws, the development of the land under question is delayed until the sewer systems and water supplies are put in place, and at such a point, the ‘H’ symbol is removed as the by-law is amended. At the same time, in interim control by-laws, the freezing is enforceable for at least a year but can be extended to two years. The temporary use of land is always provided, unlike the holding provisions. There is no notice or hearing required to approve interim control by-laws as it is done in other zoning laws. The conditions are different considering the holding by-laws, which requires municipalities to develop an official plan on the policies that direct the law’s utilization.
The holding and interim control by-laws also have several benefits attached to their usage regarding land management. The holding by-laws are considered an effective tool in developing or redeveloping land in an urban or older area. The by-law ensures enough water supplies and sewer systems to improve land use quality by creating a serene environment. Another benefit of the holding by-law is that the interested parties will be well informed on the future land use expectation on the designated piece of land. Interested parties also have the advantage of speeding the holding by-law’s process to remove the ‘H’ symbol.
There are instances where the council can refuse to approve the application for the ‘H’ symbol removal. The commission may also fail to decide within ninety days of the clerk’s application receipt. In such a case, the applicants have the right to appeal to the local tribunals (local planning appeals tribunals). The tribunal will hear the appeal case to either dismiss or approve the holding by-law to remove the ‘H’ symbol. The tribunal can also give direction for the by-law’s amendment as per its order. Additionally, the cabinet makes the final decision when the minister declares to have provincial interest in the case.
Compared to the holding by-laws, the interim control by-laws also benefit the interested parties. The temporary control by-laws omit the hearing process to prevent landowners from being opportunistic in exploring the obsolete zoning provisions in executing developments for their interest and not the public interest. The clerk of municipalities provides an interim control by-law notice thirty days before the enactment of the by-law. The notice should be directed to the public and other interested bodies. Suppose a new zoning by-law has been provided to replace the interim control by-law in an appeal case to the Local Planning Appeal Tribunal (LPAT). In that case, the interim by-law will still be effective even after the two years until such a time when LPAT makes a decision. In conclusion, there is a notable difference between the two zoning by-laws. However, they have their specific benefits to the state and the users, which make them unique.
Bibliography
Municipal Administration Program (MAP). Unit 4 – Management in the Municipality. Ontario: AMCTO the Municipal Experts, 2014.