As a planning consulting firm, we understand the intricacies of land development and the importance of complying with the regulatory procedures. One such process that has become quite common given the lack of infill development sites is the "Consent to Sever" process. In this post, we will delve into the details of the Consent to Sever process, its significance, and the key steps involved.
What is the Consent to Sever Process?
The Consent to Sever process is an essential component of land development in Ontario. It involves the division of an existing property into two or more separate parcels of land, commonly known as "severance." This process allows landowners to create new lots for various purposes such as residential, commercial, or industrial development, subject to the approval of the local municipality or the Committee of Adjustment. You can see some of our recent consent approvals in our "Select Projects" Page.
Why is the Consent to Sever Process Important?
The Consent to Sever process serves multiple purposes, and can create significant value for homeowners looking to capitalize on this. Here's why it's crucial:
1. Land Utilization:
By allowing landowners to divide their properties, the process facilitates efficient land use, allowing for the development of new structures or the expansion of existing ones. This is particularly important given Ontario Bill 23 and the new land uses that have been granted to land owners seeking to construct multiplexes and/or rear garden suites on their properties for supplemental rental income.
2. Zoning Compliance:
Before granting consent, the Committee of Adjustment assesses the proposed severance against local zoning bylaws and official plans. This evaluation ensures that the new parcels align with the intended land use, density, setbacks, and other regulations.
3. Community Considerations:
The process takes into account the impact of severance on neighboring properties, ensuring that the division doesn't adversely affect the character, privacy, or livability of the surrounding community.
Key Steps in the Consent to Sever Process:
1. Pre-Consultation:
Engage an experienced urban planner to review your development goals and assess the feasibility of severance. They can help identify potential issues, conduct preliminary research, and guide you through the subsequent steps.
2. Application Preparation:
Your urban planning consultant will assist in preparing a comprehensive application package, including survey plans, site plans, and other necessary documentation. They will ensure that the application meets the requirements set by the local municipality and Committee of Adjustment.
3. Submission and Public Notice:
Submit the application to the local municipality along with the required fee. The municipality will then issue public notices to neighbouring property owners, giving them an opportunity to provide feedback or raise concerns.
4. Technical Review:
The municipality's planning department and other relevant agencies will review your application for compliance with zoning bylaws, official plans, environmental regulations, and other applicable policies. They may request additional information or modifications if necessary.
5. Committee of Adjustment Hearing:
Once the technical review is complete, your application will be scheduled for a hearing before the Committee of Adjustment. Your planning consulting firm will present your case through a presentation, highlighting the merits of the proposed severance and addressing any concerns raised during the process. Click here for Tips on succeeding at the Committee of Adjustment.
6. Decision and Conditions:
The Committee of Adjustment will make a decision based on the information presented at the hearing, considering the input from neighbouring property owners and the municipality's planning department. If approved, you may be subject to certain conditions, such as providing easements, urban forestry considerations, engineering and transportation, fulfilling development agreements, and paying development charges to name a few.
By adhering to the regulations and following the prescribed steps, landowners can unlock the potential of their properties while ensuring harmony with the existing community fabric. Remember, engaging the expertise of an urban planning firm can greatly simplify the process and increase the chances of a successful outcome.
New Changes to the Committee of Adjustment in Ontario
Ontario's Bill 23 will have a great impact to your Committee of Adjustment and planning application. Visit our post on Bill 23's impact on applicant's to understand these changes and stay informed. For example, site plan approval only applies to projects with greater than 10 units and neighbours are no longer permitted to appeal CofA decisions. The approval process is also intended to become more consistent. For example, if you are applying to the Mississauga Committee of Adjustment as opposed to the Barrie Committee of Adjustment, the emphasis on parking requirements, and other common variances should be more consistent with following the Official Plan.
As an urban planner representing clients at the committee of adjustment, if you're considering a severance application, we are ready to assist you. Contact us today to discuss your goals or visit our Urban Planning Services section to explore the many different services we offer our clients.
Some of key municipalities we serve include: The GTA, Hamilton, Mississauga, Ajax, Pickering, Whitby, Barrie, Simcoe, and more. Visit our Urban Planning Blog for more industry insights.
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