Consent / Severance

A consent is the authorized division of a piece of land to form a new, and legally conveyable, parcel of land. A land severance is the authorized separation of a piece of land to form a new lot or parcel of land. This process is called a consent. A consent is required if you want to sell, mortgage, charge or enter into any agreement for more than 21 years for a portion of your land. Landowners must apply to the committee of adjustment if they want to divide, sell, mortgage, charge or enter into any agreement lasting more than 21 years or more with respect to the property unless the subdivisions control provisions of s.50(3) or the part-lot control provisions s.50(5) of the Planning Act are complied with. Right-of-way, easements and changes to existing property boundaries also require a consent approval from the committee of adjustment.

There are two steps in the consent approval process – provision consent and final consent:

1. A decision is made by the consent authority granting provisional consent (with or without conditions) and notice of the decision is given in accordance with section 53(17) or (24) of the Planning Act.
2. If conditions are imposed on the approval, the applicant will have two year from the date the notice is issued to fulfill the conditions. If the conditions have not been satisfied within this time period, the application is  deem to be refused. If the conditions are satisfied, the consent is final and the municipality will issue a final consent certificate.

Approval is required to ensure:

• Land severances are considered within an established planning framework
• New parcels of land and new land uses do not conflict with the overall future planning goals and policies of your community
• Consideration is given to the effects of the division of land on site, on the neighbours and on the community as a whole

Pre-consultation

Pre-consultation is a process where the applicants review their development proposal with City Staff and other agencies. This process provides early identification of issues, constraints and opportunities. The pre-consultation involves the applicant providing detailed information for their development proposal to assist staff with assessing the completeness of the application and the merits of the proposal.

The pre-consultation process will provide the applicant with the following information:

• Information on what applications are required to permit their development proposal
• Information on what studies and documentation will be required in support of the required applications
• The application processing fees associated with the proposal
• The estimated timeframe to process the application once a complete application is received
• If the development proposal could be supported by Planning Staff and any potential obstacles, challenges, road blocks that may impact the process.

A pre-consultation meeting is required before a formal consent application. All application submission requirements and fees will be provided to you in your pre-consultation agreement.

Pre-Consultation Application

Pre-consultation

• Applicant completes pre-consultation process.
  • A pre-consultation meeting is held.

Application Submission – Applicant submits formal consent application

• File is created and the application is reviewed by the Secretary-Treasurer for completeness.
  • If application is not complete, Secretary-Treasurer notifies applicant of outstanding items.
  • Applicant provides outstanding items.
  • If complete proceed to next step

Notice of Committee of Adjustment Hearing

• Notice mailed to landowners within 60 metres a well as posted on City website
• Applicant is required to post public notice sign on property for 14 days prior to meeting

Comments

• Secretary Treasurer collects comments from internal departments, agencies and public.

Staff Report

• Planning staff write a recommendation report for the Committee of Adjustment
• Provided o applicant and anyone that requests.

Committee of Adjustment Public Hearing

• Committee of Adjustment considers oral and written comments and staff recommendation and makes a decision.

Notice of Decision

• Notice of decision is mailed to applicant, each person/public body that requested notice.
• Applicant, specified person, or public body may appeal decision to the Ontario Land Tribunal within 20 days of Notice of Decision. If there is an appeal, the OLT will hear and decide on the application.
• If no appeal, provisional consent granted.
• If appeal received, Secretary Treasurer prepares record to OLT.

Provisional Consent Granted

• Applicants have 2 years to fulfill conditions of consent (applicant to provide documentation of each condition)
• If conditions not fulfilled within 2 years, the application for consent is deemed to be refused (unless there is an appeal to the Ontario Land Tribunal).

Certificate

• Consent forwarded to registry office and registered on title (applicant has 2 years from the date certificate issued to complete legal transaction or consent will lapse.

For more information on appeals, please visit: https://olt.gov.on.ca/about-olt/

In considering each application for land severance, the Committee of Adjustment evaluates the merits of each proposal against criteria such as:

• Conformity with the zoning by-law and official plan and compatibility with neighbouring uses of land
• Suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
• Adequacy of vehicular access, water supply, sewage disposal
• The need to ensure protection from potential flooding

When considering a consent application, the Committee of Adjustment shall be consistent with the Provincial Policy Statement (PPS) and conform/not conflict with any applicable plan.