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:
- 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.
- 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