Consent to Severance

Under The Planning Act the local government has two ways of controlling severances, or the division of land: consent to severance and by plan of subdivision . When the land division is minor, involving the creation of only one or two lots or an adjustment to an existing boundary, the simpler process of the two is used, called consent to severance.

The control of land division is important as it ensures the protection of the environment as well as the orderly development of land. Approval is necessary to ensure that new lots and new land uses do not conflict with the overall future planning goals and policies of the community.

Consent applications are considered, and approved or denied, by the Committee of Adjustment based on a report from the Community Planner.

The Application Process:

An Application for Consent can be found under Applications & Fees. In order to ensure timely and efficient processing, the proponent must ensure they submit a complete application package . It is the responsibility of the planning authority to make it clear to the applicants what is needed and to help them to assemble the necessary information (e.g. sketches, plans, etc.).

Once received and deemed to be complete, the application will be circulated to city agencies for review. When reviewing the application, the following are some of the criteria considered:

• The effect the land division will have on the health, safety, convenience, and welfare of present and future inhabitants;
• Conformity with the official plan and the zoning by-law;
• Suitability of the land for the intended uses;
• Adequacy of the utilities and municipal services, as well as the vehicular access system.

At least 14 days prior to a decision, the City must give notice of the application, usually by way of the local newspaper. Members of the public are welcome to attend the Committee of Adjustment meeting. At the meeting there is opportunity to gain input from those members of the public who may be directly or indirectly affected by the proposed division of land.

Within 15 days of the decision being made by the Committee a notice of decision is issued to the applicant and those parties requesting notification. After this, a certificate is issued and the lot ownership may be transferred. In some cases, consent approval may be given with conditions attached to it. These might require the property owner to agree to road widening, parkland dedication or a rezoning. Severance conditions must be met within one year.