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FAQs

What is the process for obtaining a severance consent or minor variance approval on my property?

Under the Planning Act of Ontario, an application must be made to your municipality’s Committee of Adjustment for approval to sever your property or obtain a minor variance of a governing bylaw. Property owners cannot arbitrarily sever part of their lands for conveyance to others without municipal approval. An application to the Committee of Adjustment for a municipality will consider the merits of the proposal and its conformity to the municipality’s planning goals and policies. The Committee of Adjustment will decide whether a severance should be granted or not at a hearing after input is received from the owner, certain commenting agencies, and the public. The Committee of Adjustment may impose conditions to be met first, such as the delivery of a surveyor’s reference plan defining the severed and retained parcels, the granting of road widenings and parkland dedications, or the requirement for the applicant to obtain a rezoning, or it may deny the application outright. The Committee of Adjustment will also consider minor variance applications such as small changes to building setbacks or parking requirements. Decisions of the Committee of Adjustment may be appealed to the Ontario Municipal Board.

© 2015 Lawrence, Lawrence, Stevenson LLP

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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