Regulating Urban Residential Development on Private Road: An Ontario Case Study of Four Municipalities

Abstract

This report will show that planning academics and the Province of Ontario’s Ministry of Municipal Affairs and Housing (MMAH) have raised several concerns about residential development on private roads. In the years since, such development has continued - often in the form of ground-oriented condominium communities - with little regulation at the municipal level. Further, it will be demonstrated that the Province of Ontario provides considerable powers to municipalities that can be used to regulate residential development on private roads. Analysis of four municipalities will show that each has heeded provincial warnings and exercised discretionary powers with varying degrees of vigour and success. Observation of five developments supports many of the concerns raised in planning literature and further informs the recommendations for municipalities. The recommendations of this report provide municipalities with feasible actions to promote better land use planning, and prevent undue future costs or liability that may arise from private road developments.