What is a Consent (Lot Severance) & Easement?

What is a consent (Lot Severance) & Easement?

Consent is a term used to describe the approval required to subdivide land without the requirement of a plan of subdivision. The Planning Act requires that consent be granted before a parcel of land can be divided to create an additional lot. This process is referred to as land severance and the type of consent given in this instance is a severance.

What is the Consent Process?

The consent process consists of several steps:

Step 1:

Pre Consultation: Prior to making the application, the applicant may wish to confer with the Secretary Treasurer

Step 2:

Submission: When submitting, ensure that the application is completed in its entirety. Once a completed application is received it is processed by the Secretary Treasurer.

Step 3:

Circulation: All property owners within 60 metres of the subject lands as well as various Town departments and any affected agencies are provided a Notice of Hearing two weeks prior to the Hearing date, which briefly outlines the nature of the application – applicant is responsible for posting a sign on the subject lands

Step 4:

Hearing and Decision: The Committee hears the application and usually makes a decision the same day – generally, consent is granted conditionally (typical conditions may include survey, cash in lieu of 5% parkland, connect to municipal services)

Step 5:

Notice of Decision: ANotice of Decision is circulated to the applicant and all persons who made a written request to be notified of the decision – once the decision is circulated, a 20 day appeal period commences during which time the Committee’s decision could be appealed to the Ontario Municipal Board

Step 6:

If Appealed: The application is heard before the Ontario Municipal Board in what amounts to a new hearing

Step 7:

If No Appeal: The Committee’s decision is final after the expiration of the 20 day appeal period and the applicant has one year to complete any conditions established by the Committee after which time a Certificate of Official is issued (if conditions not satisfied within required timelines, application is deemed to be null)