In the City of Toronto consent applications are required for a variety of reasons, however, one of the most common ones is to divide land into multiple lots. Depending on the municipality, consents are often dealt with by the Committee of Adjustment, however, that is not always the case. In the City of Toronto, for example, the Committee of Adjustment can make decisions regarding the creation of new lots, whereas decisions regarding other consent applications such as establishing easements or adding land to an abutting lot, are directed to the Deputy-Secretary Treasurers of the Committee.
In the residential context, severing lots often results in the opportunity to build multiple dwellings where previously there was only an opportunity to build one. In other words, severing land is often a precursor to intensification and additional development.
Perhaps unsurprisingly, this has led to opposition to consent applications. Take for instance a recent application in Weston where a resident has applied to sever his lot which is 53 feet wide and is currently facing opposition from the Weston Historical Society & Conservation District. The Historical Society's main concern appears to be ensuring that development is consistent with the character of the area. This may just be one of many reasons why a neighbour may take issue with your severance application. The resident's application has not yet been heard by the Committee of Adjustment.
Consent applications can be time consuming and costly especially when faced with opposition and a potential appeal thereafter. If you are considering making a consent application or a minor variance application, Devry Smith Frank LLP's Planning and Development Group will be happy to provide you with the guidance and support that you require throughout the process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
