Advises on requesting, defending or challenging a provincial order that sets zoning without the usual municipal process.
Many planning appeals to the Ontario Land Tribunal must be filed within 20 days after the decision or the notice of it, so contact a lawyer as soon as a decision is made. Ontario Done by an Ontario lawyer, by referral
What is included
Reviews the property, the official plan and zoning, and any decision or order
Explains your options, the approvals or appeals available and the deadlines
Prepares applications, submissions or appeal materials
Works with planners, engineers and other consultants
Negotiates with municipal staff, council or other parties
Represents you before council, the Ontario Land Tribunal or the court, as agreed
What is not included
Municipal application, appeal and tribunal fees and other disbursements
Reports from planners, engineers, surveyors and other consultants
Further appeals or proceedings beyond the scope confirmed in writing
Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
Homeowners seeking a severance, minor variance or additional unit
Developers and builders seeking planning approvals
Residents and groups responding to a development or a municipal decision
Businesses facing municipal licensing or by-law issues
Information to have ready
1The property address, survey and deed
2Any municipal notice, decision, order or by-law
3Plans, drawings or consultant reports you already have
4Correspondence with municipal staff or council
How a referral works
1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
Lawyers usually charge $400–$850/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Can a neighbour appeal a planning decision?+
Recent changes to Ontario's Planning Act have limited third-party appeal rights for many types of decisions. The lawyer can confirm who may appeal in your situation.
What is a minor variance?+
It is permission from the Committee of Adjustment to depart slightly from a zoning by-law, such as a setback or height limit. The Committee considers whether the request meets the tests in the Planning Act.
Do I need a planner as well as a lawyer?+
Often, yes. A land use planner usually gives the planning evidence at a hearing, while the lawyer handles the legal process and presents the case.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
No approval or decision can be guaranteed; council, the tribunal or the court decides
Appeal rights and deadlines are set by statute and usually cannot be extended
Ontario's planning rules change often, so the lawyer confirms the rules that apply to your matter