The Consent Process
A land severance is the authorized separation of a piece of land to form two new adjoining properties. This is commonly known as a consent. It is required if you want to sell, mortgage, charge or enter into any agreement for (at least 21 years) a portion of your land. If the two parts are split already, by a road or railway for example, consent is not needed.
Before you apply for a land severance, you should consult with municipal staff and/or the consent granting authority in your area. They will be able to tell you how to apply, what supporting material you must submit (e.g. sketches, plans), if there are any special land severance requirements set out in the official plan and what other permits and approvals (e.g. septic tank permit) may be required.
When applying for a severance, you will be charged a fee for processing the application. To determine the processing fee in your area, contact the appropriate consent granting authority.
As an applicant, you are usually required to fill out a consent application form provided by the consent granting authority.
A typical application form contains both the information which is prescribed by minister's regulation as well as additional information which the consent granting authority may require. The more information provided, the less likely delays will occur in the review.
If you do not provide all the information prescribed by minister's regulation, the consent granting authority may refuse to accept or to further consider your application. Also, the 90 day time frame for making a decision does not begin until all the prescribed information is received. You are encouraged to contact the appropriate consent granting authority if you need help in assessing what information is required.
The consent granting authority may consult with agencies, boards, authorities or commissions before making a decision.
McNab/Braeside is committed to promoting a proactive and co-operative approach among developers, local interests and provincial governments as partners in the development of our communities. Ultimately, we all share in the responsibility to establish and provide necessary standards that help in creating communities that are well planned, economically viable and sustainable.
McNab/Braeside has a responsibility to make sure the consent conforms to planning policies and sound practices before recommending approval. Before a consent is approved a number of concerns must be addressed appropriately during the approval process. Planning issues are addressed by the local municipalities on behalf of public interests. In addition, Federal and Provincial interests are also addressed. Hence, a typical consent application will be reviewed by a various agencies and ministries as required.
To sever land under the jurisdiction of McNab/Braeside an Application to Sever is required. Proponents are encouraged to contact the local municipality to gain a better understanding of planning policies and procedures required to successfully sever their land. The general process followed to deal with consent applications is outlined herein. In addition, the contacts in local municipalities and the Township of McNab/Braeside are provided.
Checklist
In considering each application for land severance, the consent granting authority evaluates the merits of each proposal against criteria such as:
- conformity with the official plan and compatibility with adjacent uses of land
- compliance with local zoning by-laws
- suitability of the land for the proposed purpose, including the size and shape of the lot being created
- adequacy of vehicular access, water supply, sewage disposal
- the need to ensure protection from potential flooding
- In considering a consent application, the consent granting authority shall have regard to the Provincial Policy Statement.
The decision, whether approved or denied, shall be in writing and set out the reasons for the decision. A decision of the Committee of Adjustment can be appealed within twenty (20) days of the sending of the notice of decision.