Land Severance

Prior to submitting an application for Consent, it is strongly recommended that you contact planning staff in order to determine the feasibility of your proposal. Staff are able to provide information with regards to which policies apply to the subject lands.

Please review the applicable Official Plan (Rural Hamilton Official Plan or Urban Hamilton Official Plan) and for lot creation and consent policies applicable to your application. Please review the applicable Zoning By-law for lot size, frontage, and setback requirements for your application.

Download Submission Requirements and Information(PDF, 223.65 KB)

This application form is to be used by persons or public bodies wishing to apply for Consent within the City of Hamilton. In this form, the term "subject land" means the land to be severed and the land to be retained.

Complete Consent to Sever Land Application Form(PDF, 459.27 KB)

In the case of an approved application, conditions may be imposed as requested by circulated agencies. For example a 5% park land dedication or cash in lieu thereof to the local municipality, a road widening dedication to the appropriate authority, and any other condition the Committee deems necessary.

The application form also sets out additional information such as technical information or reports that will assist the City in their planning evaluation of the consent application. To ensure the quickest and most complete review, this information should be submitted along with the mandatory information. In the absence of this additional information, it may not be possible to do a complete review within the legislated time frame for making a decision. As a result, the proposed severance application may be refused.

You will have to pay the application fee when you submit your application. Applications fees are non-refundable whether the application is approved or denied.

Fees can be paid by cash, cheque or credit card. Cheques must be made payable to the City of Hamilton.

Conservation Authority Plan Review Fee

The Conservation Authorities within the City of Hamilton charge fees for their review of Planning Act applications. Please contact Planning Staff to determine if the subject lands are in an area regulated by a Conservation Authority.

• Conservation Halton Review Fees
• Hamilton Conservation Authority Review Fees
• Niagara Peninsula Conservation Authority Review Fees
• Grand River Conservation Authority Review Fees

The fee is to be paid to the appropriate Conservation Authority, failure to do so may result in a delay of the review of the application. Contact information for the Conservation Authorities can be found in the Submission Requirements and Information package.

If a survey plan of the subject property is not available, you can submit a sketch map with the application to provide clarification of what you are applying for.

You must provide these details with your sketch map:

• The true dimensions of the property for which the application is being made
• The location and dimensions of all existing buildings, structures or uses on the subject property
• The setback measurements from the lot lines to the existing or proposed building on the subject property such as front yard, rear yard and side yard setbacks. If applicable, the distance of building on neighbouring lots
• Clearly demonstrate the difference between the existing building and the proposed addition (if applicable)
• The location and name of the street should be shown
• The location must be drawn to scale utilizing good drafting techniques
• A scale and north arrow should be shown on the sketch
• The committee reserves the right to reject sketches for insufficient or poorly presented information
• The size has to be a minimum of 8.5“x 11” and a maximum of 11” x 17”

Submit the completed application form, supporting documents, and fee(s):

Electronic submissions must include:

• One (1) copy of the completed application form (all applicable sections filled out and commissioned)
• One (1) copy of the Survey or Site Sketch, including all required information per Section 3
• One (1) of any additional information, including studies; and
• Payment information, either credit card payment (name and phone number of the person paying, they will be contacted by staff) or scan/picture of cheque(s). All physical cheques must be mailed or dropped off at City all as per instructions above.

Hard copy submissions must include:

• One (1) copy of the completed application form and all signature sheets (all applicable sections filled out and commissioned);
• One (1) copy of the Survey or Site Sketch, including all required information per Section 3 (no larger than ledger size paper 11” x 17”);
• One (1) copy of the information/reports if indicated as needed when completing the sections of the application form; and,
• Payment, either credit card/debit processed at the counter or cheque(s).