Consent / Severance

What is Consent?

Consent is a term used in provincial planning legislation to describe the approval / permission that is required to subdivide land in the absence of requiring a Plan of Subdivision. Receiving Consent from the Committee of Adjustment ensures that the subdivision of land occurs within an established planning framework.     

When considering a Consent application, the Committee of Adjustment will evaluate the merit of the proposal against several criteria, including the following:

  • Conformity with matters of provincial interest;
  • Conformity with the City’s Official Plan;
  • Compliance with the City’s Zoning By-law;
  • Compatibility with surrounding land uses;
  • Availability of servicing and vehicular access;
  • Suitability of the subject lands for the proposed use; and
  • Suitability of the proposed lot configuration

When is Consent Required?

Consent is most commonly sought to sever a new lot from an existing parcel of land, or to adjust lot lines between neighbouring parcels.

Consent is also required to:

  • Register or discharge a mortgage over part of a parcel;
  • Establish lease agreements in excess of 21 years;
  • Establish an easement or right-of-way; or
  • Validate title

The City of Niagara Falls Official Plan states that the creation of more than two new parcels of land shall proceed by Plan of Subdivision. Exceptions may be considered in cases where:

  • The subject lands front onto an existing and open public road that is constructed to municipal standards
  • The development is considered infilling
  • The proponent pays all fees generally related to the requirements of a Plan of Subdivision

Please contact a City Planner to confirm what approvals will be required to subdivide your land.  

Applying for Consent

A pre-consultation meeting is required in advance of applying for Consent.  For more information, please visit the pre-consultation webpage or speak with a City Planner.

Application Submission Requirements:

  • Completed application form  
  • Valid pre-consultation form / checklist
  • Survey sketch, in metric and prepared by an Ontario Land Surveyor (see application form for detailed sketch requirements)
  • Deed
  • Supporting studies, plans, information, and materials in accordance with the pre-consultation form / checklist
  • All required application fees to:
  • Other forms and documentation listed on the application form (Schedules B-D)

Committee of Adjustment hearings are scheduled once a month.

Please see the Committee of Adjustment Schedule for application submission deadlines and hearing dates.

Consent Application Process

Consent Application 

Time to Process: 90 Days

StepCity's RoleApplicants RoleTarget Timeline
Pre-Consultation--Complete Pre-consultation process--
Application Submission--Submits:
  • formal application
  • preliminary sketch prepared by OLS and studies
-Reviews files (i.e., names, unlocked status) --2 days
-Generates invoicePays required fees--
Review for CompletenessSecretary-Treasurer reviews material and issues notice of complete/incomplete application.--1 week
Circulation (When Complete)Secretary-Treasurer circulates to internal departments and external agencies.--1 week
Committee of Adjustment HearingHeld 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.
-Planning report is on Committee's agenda. Committee will make a decision on the application.----
-Notice of Decision given by Secretary-Treasurer.--1 week
Provisional Consent GrantedIf no appeals, Provisional Consent granted. Declaration issued by Secretary Treasurer.--20 days after Notice of Decision
---Applicant has 2 years from date of Notice of Decision to fulfill conditions, if any.--

Frequently Asked Questions (FAQ)

Q: Will I receive a refund if my application is denied?

A: Whether an application is approved or denied, Staff time is still required to process an application. As such, refunds will not be granted if an application is denied by the Committee of Adjustment.

Q: What can I do if my application is denied?

A: An applicant can appeal the decision of the Committee of Adjustment to the Ontario Land Tribunal within 20 days of the decision being made.