Mr. Dugald Aldred – The Municipality of West Elgin
Mr. Ian Fleck – The Municipality of Dutton/Dunwich
Mr. John Andrews – The Township of Southwold
Mr. Dennis O’Grady – The Municipality of Central Elgin
Ms. Kathleen Schaper – The Town of Aylmer
Ms. Rosemary Kennedy – The Township of Malahide
Mr. John Seldon – The Municipality of Bayham
A land severance is the authorized separation of a piece of land to form two new adjoining properties. This is commonly known as consent. It is required if you want to sell, mortgage, charge, or enter into any agreement for 21 years or more, a portion of your land. If a road or railway splits the two parts already, for example, consent is not needed. In addition to the division of land, rights-of-way, easements, and any change to your existing boundaries also require land severance approval.
Land division in Ontario should generally occur by plan of subdivision. If several severances are intended in the same area, this process may be more appropriate. It is a process that involves the laying out of roads, division of land into lots or blocks, the dedication of lands for other public purposes, and entering into subdivision agreements. This process involves wide consultation with the public and government agencies.
Where land division is minor, involving only one or two lots and, for example, where a plan of subdivision is clearly unnecessary for orderly development, the Planning Act provides a simpler process, called the granting of consent.
Your local Municipality and various agencies listed on the Rules of Procedure will receive a copy of your severance application and will provide comments to the Land Division Committee. Pre-consultation with the Municipality involved and interested agencies is essential before submitting your application to ensure the application reflects any special land severance requirements set out in the official plan and what other permits and approvals may be required.
The Land Division Committee requires that one application be submitted for each unrelated new lot created or for each lot addition, mortgage or charge, easement or right-of-way, correction of title, technical severance, partial discharge of mortgage and agreement of sale and purchase. The owner or his agent, authorized in writing must make the application, and the approval authority must be satisfied that a plan of subdivision of the land is not necessary for proper and orderly development. Incomplete applications will be returned without processing.
The Land Division Committee requires that, in addition to the prescribed information required by minister’s regulation, Appendix B forms part of the application for consent. Appendix B,” which must be completed and certified by the municipal clerk within which the property is located, provides the Committee with names, and complete addresses of all persons assessed within 60 metres of the land that is the subject of the application, for circulation purposes.
Once the authority receives an application that contains all information prescribed by minister’s regulation, accompanied by a fee, currently $1250.00, in cash, or cheque payable to Treasurer County of Elgin, the Secretary-Treasurer will accept the application as complete and commence with the deliberation process.
Yellow identification signs are sent by courier to the applicant after the complete application has been filed. These signs are to be posted immediately on stakes at each front corner of the lot to be severed, and are to remain there until the Decision of the Committee becomes final and binding. These signs assist the Committee member when visiting the site and also serves to notify neighbours of your application. Failure to post signs may result in a delay of a Decision from the Land Division Committee. Check frequently to ensure that signs are in place.
The Secretary-Treasurer, on behalf of the Committee, by personal service or by regular or registered mail, shall give written notice to all persons and agencies prescribed in the regulation, of the time and place of the hearing of each application, not less than 14 days prior to the date of the hearing. Notice of Application will be circulated to property owners within 60 metres of the subject land.
In making a decision on an application, the approval authority shall have regard to the requirements of the Planning Act, the policies of the official plan, the government’s Provincial Policy Statement, agency comments, and input from the public. Anyone attending in person will be given the opportunity to address the Committee. The Committee members may also ask for further information or clarification at this time.
It is strongly recommended that the applicant or authorized agent attend this meeting. If the applicant does not attend, the Land Division Committee will proceed with consideration of the application on the assigned day.
When the consent-granting authority has decided on your application, it is required to send a Notice of Decision approving or refusing the application within 15 days of the decision being made, to the applicant and any person or public body requesting to be notified. When a Notice of Decision is given, a 20-day appeal period follows during which time any person, Corporation or public body may appeal such decision and/or condition(s) imposed by the Committee to the Local Planning Appeal Tribunal. If the authority receives no appeal in that time, the decision becomes final.
A severance approval may have certain conditions attached to it including requirements for road widening or Day Light corners on County or Municipal Roads, parkland dedication, or a rezoning to allow a new land use. In addition, the property owner may be required to enter into an agreement with the municipality to provide future services or facilities. Severances applied for in rural areas that are serviced by septic systems and/or wells require review and lot assessment by the municipality in which the land is located.
Pre-consultation with the municipality involved and interested agencies will address these issues in order to avoid time delays. The applicant will have one year from the date the decision was given to fulfill all conditions imposed by the Committee. One condition generally imposed by the Land Division Committee is that a deed be presented within one year of the date of decision so that the consent stamp may be affixed, otherwise the severance is considered lapsed. Legislation under the Planning Act does not allow for extensions to the one-year time limit to meet imposed conditions.
When the applicant has met all the conditions, upon expiry of the 20 day appeal period, the Secretary-Treasurer shall, on behalf of the Committee, affix a stamp to the deeds or legal documents and sign it, certifying that consent has been given pursuant to Subsection 42, of Section 53, of the Planning Act. The Secretary-Treasurer shall accept only original signed copies, accompanied by a fee, currently $300.00, payable to Treasurer County of Elgin, for affixing the consent stamp. In the event it is necessary to have a survey, two copies of the survey (one hard copy and one digital), must accompany the documents.
Appeals to the Local Planning Appeal Tribunal can be made in three different ways:
An appeal may be filed with the Secretary-Treasurer of the Land Division Committee, within 20 days of the date of decision. A Notice of Appeal, accompanied by a certified cheque or money order payable to the Minister of Finance, currently in the amount of $300.00 for the first appeal and $25.00 for each further related appeal to the same matter, is required. For example, if you are appealing three related applications, the cheque would be in the amount of $350.00. If you wish to appeal, a copy of an appeal form is available from the LPAT website at www.elto.gov.on.ca or for pick-up at the County Municipal Offices.
If the consent-granting authority receives an appeal, it has 15 days in which to forward the notice of appeal, fee, and compile a complete record containing the prescribed information, to the LPAT.
The Local Planning Appeal Tribunal may dismiss an appeal without holding a hearing if the appellant failed to put their concerns in writing before the authority’s original decision, or make an oral submission at the public meeting, or if the appellant fails to provide further information that the LPAT may request. The LPAT may also dismiss the appeal if the appellant does not include planning reasons, if in the opinion of the LPAT the appeal is frivolous, or for delay, or if the consent is premature because necessary public services would not be available within a reasonable time. The LPAT will make a decision based on the facts presented at the hearing. The LPAT’s decision is final.
If no appeals are received within 20 days of the notice of decision, the Secretary-Treasurer will swear a declaration that notice was given in the manner and in the form and to the persons, Corporations, or public bodies prescribed, and that no appeals were received within the time allowed.
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