Consent

The indiscriminate division of land, without anyone's approval, could have a long-term, negative impact on a community. It could, for example, result in overextension of municipal services, such as piped water and sewers, snowplowing, school bussing, and garbage collection. Or, due to lots too small to accommodate adequate sewage systems, it might result in damage to the natural environment.

Official approval is required to ensure that:

• Land severances are considered within an established community planning framework.
• New lots and new land uses do not conflict with the overall future planning goals and policies of the City.
• Consideration is given to the effects of the division of land on the site, on the neighbours, and on the community as a whole.

Once a severance is approved, the new land parcels may be sold or resold without further approval. The only exception is if the severance approval authority specifies otherwise at the time of approval.

Severance approval applications are made directly to the Committee of Adjustment. Before any application, you should consult with the City's planning division staff. They will provide you with information on special land severance requirements in the OP and Zoning by-law.

Once you have applied, the Committee of Adjustment may give advance notice and information to anyone affected by your consent proposal. Conferring with certain agencies is a requirement, and a copy of your application will be sent to government agencies, including the City's planning division, to allow them to review and make comments before a decision is made. It is also the policy of the Committee of Adjustment to conduct a public hearing on each application.

When the Committee of Adjustment has decided on your application, it is required to send a notice of decision granting or refusing the consent to the applicant and to anyone else who has requested, in writing, to be notified.

In considering each application for land severance, the Committee of Adjustment evaluates the merits of each proposal against such criteria as:

• The proposal's effects on matters of provincial interest, general conformity with the OP, and compatibility with adjacent land use.
• Compliance with zoning by-laws.
• Suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created.
• Adequacy of vehicular access, water supply, and sewage disposal.
• The need to ensure protection from potential flooding.

A consent approval may have certain conditions attached to it. These might include requirements for road widening, tree pre-payment, or a rezoning or minor variance to allow a new land use. Consent conditions must be fulfilled within one year.

When all the conditions have been met by the applicant, a certificate is issued by the Committee of Adjustment, and the consent goes into effect.

If the transaction initially applied for (sale of property, transfer of property rights, etc.) is not carried out within two years of the date of the certificate, the consent is considered lapsed. An earlier lapsing can be specified by the approval authority at the time of the consent decision.

All consent proposals are reviewed against local planning policies and regulations. The Planning Act and Ontario regulations require the Committee of Adjustment to provide notice of applications to the public. The Committee provides an opportunity for those concerned to express their views by holding a public meeting before making a decision. A notice is placed in Niagara This Week (Civic Corner), and every property owner within 60 metres is mailed a Notice of Public Hearing.

If a proposed severance comes to your attention and you have a serious concern about its effects on you or your property, you should:

• Contact the secretary-treasurer of the Committee of Adjustment to find out as much as possible about the application.
• Make your views known by writing to the Committee of Adjustment before the public meeting and/or attending the public meeting.
• Consult with the City's planning division before the public meeting.
• Request, in writing, a notice of the Committee of Adjustment's decision on the consent application. This request will be necessary if you want to appeal the decision later.

As a last resort, a decision on consent or any of the conditions can be appealed to the Local Planning Appeal Tribunal (LPAT) only if the objector is the applicant or a person who asked, in writing, to receive notice of the decision.

Your appeal must be filed with the secretary-treasurer of the Committee of Adjustment within 20 days of the decision. Written reasons supporting your objection and paying the LPAT fee for an appeal must be included.

An appeal to the LPAT is a serious matter requiring considerable time, effort and, in some cases, expense on the part of everyone involved.