Section 52 of the Transportation Act defines a controlled area as the radius of 800 metres around an intersection of a controlled access highway with any other highway.
Enquire at the Planning Department of your local government body to see:
- If the proposed use is permitted in the present zone designation or whether you will need to apply to rezone your property to another category.
- If you need a development permit for commercial or industrial buildings exceeding 4500 square metres.
- If a bylaw must be adopted, or if a development variance permit or development permit must be issued.
- If you require a heritage revitalization agreement or amendment.
- Find out if the intended land use change is compatible with the community plan for your area.
All these cases require approval from the Ministry of Transportation.
If ministry approval is necessary contact the ministry office early in your design process, prepare plans of your development proposal and make application to your local government to rezone the property. Your local government representatives will refer your application to the appropriate office of the Ministry for our approval.
The ministry staff may require a transportation design report. For information on Transportation design see the ministy' publication Planning and Designing Access to Developments.
(1) Access and Infrastructure Design:
Access to the land within the controlled area must not be in conflict with the ministry's Planning and Designing Access to Developments manual and the Transportation Association of Canada Manual (TAC Guide).
(2) Property Development:
Property development within the controlled area must not be in conflict with the ministry's Planning and Designing Access to Developments manual and the Transportation Association of Canada (TAC) Manual.
(3) Infrastructure Capacity:
In considering roadway capacity, the district approvals technician contemplates the ability of the highway to accommodate additional traffic as the result of a land use change. Proposed zoning bylaws within the controlled area that the municipality wants rezoned must protect the roadway capacity and must not be in conflict with the the ministry's Planning and Designing Access to Developments manual and the Transportation Association of Canada (TAC) manual. The following criteria meet the requirements:
- Post-development traffic must not unacceptably diminish roadway capacity
- Traffic management structures such as traffic signals and existing access locations must not be unacceptably affected by post development traffic
- Ministry staff will confirm the minimum acceptable roadway capacity to be maintained, in consideration of the highway affected by the rezoning.
Approval of a Bylaw
If the proposal is acceptable, the bylaw will be signed by our appointed representative and returned to the local government office. You will also be asked to sign an agreement to conditions of approval and implementation of the project.
If your local government's elected body supports your proposal and we have approved the bylaw, they may then adopt it.