Land owners and/or their Agents can apply for Consent from the Municipality to sever, or divide, land to create additional lots. Depending on the case, the Council or Minister can give consent if the severance(s) will not interfere with proper and orderly development of the County.
What is a Consent?
The Ontario Planning Act states consent must be granted before a parcel of land can be divided to create additional lots. This process is referred to as land severancing and the type of consent given in this instance is a severance. Controlling the division of land through severances helps the municipality make sure that the creation of lots is consistent with the planning policies of the Municipality as set out in its Official Plan.
When do I need a Consent Application?
Land owners need a consent application:
- To divide (sever) land for the purpose of sale (i.e. surplus farm dwelling)
- To register a mortgage or discharge a mortgage over part of a parcel of land
- To register a lease over part of a parcel of land when the term of the lease is 21 years or more (inclusive to renewal options)
- To register easements for rights-of-way
- To adjust boundaries of existing land parcels to enlarge or decrease the size of property (i.e. lot line adjustment)
Property owners who wish to divide their property for the purpose of selling it, registering or discharging a mortgage or leasing it for a period over 21 years, must apply for a severance. In municipal legislative terms, it means obtaining a "consent to sever" from the Consent Authority/Committee of Adjustment.
Consent Application Procedure
- Pre-application consultation
- Preliminary proposal review
- Submission of a complete Consent Application and fees received (8 weeks before scheduled public meeting deadline)
- Application circulation to Staff/Agencies
- Posting of Public Meeting Sign (14 days prior to the Public Meeting)
- Notices of Public Meeting mailed (land owners within 60 m of the property)
-
Committee of Adjustment Meeting and Decision (sent within 10 days)
- Third party appeal of Ontario Municipal Board (within 20 days)
- Decision final and binding
- Satisfying Conditions (within one year prior to lapse)
- Certificate of Official issued
- Registration of deeds (within two years)
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