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Types of Applications under the Planning Act

Consent, section 53

The Committee of Adjustment has the power to grant a consent to create a new lot, adjust a lot line, mortgage a portion of land, create an easement or right-of-way or for a lease of more than 21 years. The Committee must be satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Policy Statement and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):

Criteria

(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,

(a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;

(b) whether the proposed subdivision is premature or in the public interest;

(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;

(d) the suitability of the land for the purposes for which it is to be subdivided;

(d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

(e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;

(f) the dimensions and shapes of the proposed lots;

(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

(h) conservation of natural resources and flood control;

(i) the adequacy of utilities and municipal services;

(j) the adequacy of school sites;

(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;

(l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and

(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006.  1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
 

Minor Variance, subsection 45(1)

The Committee has the power to authorize a minor variance from the provisions of the Zoning By-law if, in its opinion, the application meets all four requirements under subsection 45(1) of the Planning Act. It requires consideration of whether the variance is minor, is desirable for the appropriate development or use of the land, building or structure, and whether the general intent and purpose of the Official Plan and the Zoning By-law are maintained. Learn more about the four-part test under How to participate at a hearing.

Permission, subsection 45(2)

The Committee has the power to permit the enlargement or extension of building or structure of a legal non-conforming use or the change in use to a use that is “similar to the purpose for which it was used” or is “more compatible with the uses permitted by the by-law”.  The test developed by the Ontario Municipal Board (now Ontario Land Tribunal) is based upon both the desirability for development of the property in question and the impact on the surrounding area.

A legal non-conforming use is a use of land, building or structure that was lawfully established but which is no longer permitted under a current Zoning By-law.

Power of Sale, subsection 50(18)

In rare circumstances, the Committee can be asked to consent to a power of sale when a mortgagor is in default and the mortgagee wants to execute power of sale to sell a portion of the property but does not have a claim to all the land, and the application relates to part of a property for which a consent has not been previously granted.

Validation of Title, section 57

Validation of Title may be required to re-establish clean title when a contravention of the subdivision provisions of the Act is discovered (section 50).  The Committee may issue a certificate of validation “providing that the contravention of section 50 […] does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in such land”.  

New application forms as of September 2023 for minor variance/permission and consent/severance ​​​​​​ plus new Schedule A: Rural Consent Additional Application information. Also, improved guidance on how to apply for a minor variance/permission and how to apply for a consent/severance.

Application fees reflect City Council’s directive that the Committee of Adjustment operate on a 100 per cent direct cost recovery basis. The fee schedule also complies with the Planning Act requirement that fees reflect the anticipated costs of processing applications.