Consents and Severances

Consent/Severance are terms used in provincial planning legislation to describe the division of land into smaller lots or to change lot property boundaries between existing parcel of land.  A consent application ensures that the subdivision of land occurs within an established planning framework and supports community growth.


 

 

"Consent" means getting approval to divide land without needing a full Plan of Subdivision. The Committee of Adjustment grants Consent to ensure land is divided properly, following a clear planning process.

When reviewing a Consent application, the Committee looks at several factors, including:

  • Whether it follows provincial guidelines
  • If it aligns with the City’s Official Plan
  • Whether it meets the City’s Zoning By-law rules
  • Compatibility with nearby land uses
  • Availability of services and proper vehicle access
  • Whether the land is suitable for the proposed use
  • If the proposed lot design is suitable

You need to apply for a consent to:

  • Create a new lot
  • Adjust property lines between two neighbouring parcels of land
  • Register or discharge a mortgage on part of a property
  • Establish lease agreements in excess of 21 years
  • Establish an easement or right-of-way
  • Validate title

For more than two new lots, a Plan of Subdivision is usually required. Exceptions may apply if:

  • The land fronts onto a municipal-standard public road
  • The development is considered infill
  • All required subdivision fees are paid

Step 1: Pre-consultation

Staff strongly encourage a pre-consultation meeting before applying for consent. Visit the Pre-Consulation for Development Applications page or contact a City Planner for details.

Step 2: Submit your application

Apply online through your City Dashboard Account and include:

  • A valid pre-consultation form or checklist
  • A survey sketch, in metric, that was prepared by an Ontario Land Surveyor
  • PIN Page or Deed
  • A completed Owner Authorization form (available when applying in your City Dashboard account)
  • Supporting studies, plans, and materials listed in the pre-consultation checklist
  • All required fees:
  • Any additional forms listed in the application (Schedules B-D)

Step 3: Attend the hearing

Your application will be reviewed at a Committee of Adjustment Hearing. The public can attend and share comments. You or your agent must be present to answer questions.

Check the Committee of Adjustment page for submission deadlines and hearing dates.

Consent Application 

Time to Process: 90 Days

Step City's Role Applicants Role Target Timeline
Pre-Consultation N/A Complete the pre-consultation process N/A
Application Submission-Step 1 N/A

Submits:

  • formal application
  • preliminary sketch prepared by OLS and studies
N/A
Application Submission-Step 2 Reviews files (i.e., names, unlocked status) 

N/A

2 days
Application Submission-Step3 N/A Pays required fees N/A
Review for Completeness Secretary-Treasurer reviews material and issues notice of complete/incomplete application. N/A 1 week
Circulation (When Complete) Secretary-Treasurer circulates to internal departments and external agencies. N/A 1 week
Committee of Adjustment Hearing-Step 1 Held to inform and receive comments from area residents. Applicant or agent attends to present and answer questions. Occurs 14 days after notice is given in accordance with Committee's schedule.
Committee of Adjustment Hearing-Step 2 Planning report is on the Committee's agenda. The committee will make a decision on the application. N/A N/A
Committee of Adjustment Hearing-Step 3 Notice of Decision given by Secretary-Treasurer. N/A 1 week
Provisional Consent Granted If no appeals, Provisional Consent granted. Declaration issued by the Secretary Treasurer. N/A 20 days after Notice of Decision
Provisional Consent Granted-Conditions N/A Applicant has 2 years from the date of Notice of Decision to fulfill conditions, if any. N/A

 

Can I get a refund if my application is denied?

No, refunds are not available. Staff still spend time reviewing and processing applications, whether they are approved or denied.

Can I appeal the decision if my application is denied?

Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal a decision to the Ontario Land Tribunal (OLT). If you are eligible and disagree with a decision of the Committee of Adjustment, you can appeal to the OLT within the 20-day appeal period.

Contact Us

City of Niagara Falls
Planning and Building

4343 Morrison Street
P.O. Box 1023
Niagara Falls, Ontario L2E 6Z9
Canada
905-356-7521 ext. 4330
pbd@niagarafalls.ca