Lot Creation

A land severance, or consent, is the authorized separation of a piece of land to form two new adjoining properties. A consent to sever application is required when an owner of land wishes to sell, convey, or transfer part of their land. A consent to sever application is also required when the terms of an agreement, such as a lease, an easement, or a mortgage, commits the use of land for a period in excess of 21 years.

For further information regarding policies affecting land severances, contact us.

Helpful Documents

Pre-Consultation

Pre-consultation with Planning staff prior to submission may be required to determine if external agencies will be required to review the application. External agencies include, but are not limited to the Regional Municipality of Niagara, Region of Niagara Public Health, Niagara Peninsula Conservation Authority, Niagara Escarpment Commission, Canadian National Railway, Grimsby Power Inc., Enbridge Pipelines Inc., Bell Canada, Cogeco, Ministry of Transportation, Ministry of Environment and Energy, and Ministry of Natural Resources. 

Site Plan

A site plan must be submitted with the application. For a consent to sever application, a legal survey must completed by an Ontario Land Surveyor, that indicates the location of the subject property; the setbacks of all buildings or structures on the property; and sufficient information to clearly identify the land severance being applied for. The information provided on the survey will form the details required in the application.

General Procedure

  • Applicant must ensure the application form is fully completed, surveys are prepared, and the fee is paid; 
  • Staff will view the application and notify the Applicant of the Committee of Adjustment Hearing date;
  • Staff will circulate a Notice of Hearing to every owner of land located within 60 metres of the subject property, Town departments, and outside agencies;
  • Staff will post a Notice of Hearing sign and ensure the sign is posted on the subject property for the entire period;
  • Staff will prepare a Planning Report;
  • At the Committee of Adjustment Hearing, the Applicant and or agent must be in attendance;
  • The Secretary-Treasurer will provide an overview of the application, and the Committee and public will have opportunity to ask questions;
  • The Committee will make a Decision on the application. If further information is required the Committee may defer their Decision;
  • After the Committee of Adjustment Hearing, Staff will circulate a Notice of Decision to the Applicant and anyone who has requested a copy. The Notice of Decision includes the deadline for appealing to the Ontario Land Tribunal; 
  • The appeal period will last 20 days. If no appeals are received, the decision is final and binding, subject to the conditions set out in the Notice of Decision (if applicable);
  • A Final Certification letter will be sent to the Applicant if no appeals are received;
  • If an appeal is received, notice will be given to the Applicant, and the appeal is forwarded to the Ontario Land Tribunal.
  • The severance must be registered with the Land Registry Office within one year. More information will be given to successful Applicants.

Appeal

If an appeal is received, notice will be given to the Applicant, and the appeal is forwarded to the Ontario Land Tribunal. The Ontario Land Tribunal adjudicates matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance, and related matters; information can be found here regarding the Ontario Land Tribunal.

Committee of Adjustment

The Committee of Adjustment is comprised of five citizens appointed by Council to consider applications for minor variances to Zoning By-law 14-45, and applications for consent (land severance). The Committee of Adjustment is a quasi-judicial body, similar to an informal court that operates under the Planning Act, the Statutory Powers Procedure Act, and various provincial regulations. The Committee operates independently from the Town Council.

 

These materials are available in alternate format, upon request.

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