Study Description

The Planning Act permits a municipality, through a zoning by-law, to approve increases in height and/or density beyond what the Official Plan/Zoning by-law would otherwise permit, in return for facilities, services or matters (community benefits) as are set out in the by-law.

The Official Plan must first contain provisions authorizing the use of Section 37, and that community benefits may be secured in an agreement that may be registered on title.