Consent to Sever Land
General Inquiry Email
We strongly recommend that you contact a Planner for your particular area in order to determine the feasibility of your COA proposal.
Send an email & include the property address in the email.
The Committee of Adjustment is a committee, made up of Hamilton residents chosen by City Council that deals with consents and minor variances.
A consent is often referred to as a land severance. The most common types of consent applications are for land severance to divide a parcel of land into two or more new lots or as a lot addition to an abutting property.
Examples of other consent applications may include, but are not limited to:
- Mortgages over part of a property
- Lease agreements in excess of 21 years
- Easements for servicing and right of ways for access over one property in favour of another Validation of title to resolve conveyance oversights that contravene the Planning Act
Severance proposals may involve minor variance approvals. You can submit both applications at the same time for consideration by the committee.
Apply for Consent to Sever Land
This application form is to be used by persons or public bodies wishing to apply for the severance of land within the City of Hamilton. In this form, the term "subject land" means the land to be severed and the land to be retained.
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.
Other application forms that may be required
The approximate total processing time for an application without an appeal is about 7-9 weeks.
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.
|Land Division Consent Fee - Fully Service Lot||$2,985|
|Land Division Consent Fee - Property Serviced by Well/Cistern||$3,000|
|Land Division Consent Fee - Additional fee plus base fee where no sanitary sewer exists or if services are new to the area and any existing house is still serviced by a septic system||$390|
|Deferral or Extension||$70|
|Validation of Title||$475|
|Plus per unit finance fee (collected if a new parcel of land is created)||$20|
|Cash in Lieu of Parking Administration Fee||$550+HST|
|Photocopying Fee (per page)||$0.50+HST|
Conservation Authority Plan Review Fee
The Conservation Authorities within the city of Hamilton charge fees for their review of Planning Act applications. Once you submit your application, City staff will advise you if your application requires Conservation Authority review, and if so, which Conservation Authority your project falls within:
- 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 made payable to the appropriate Conservation Authority and you will have to pay the fee to the City upon request. We will forward the fee along with the application to the Conservation Authority. Combined applications will only be charged at the highest rate. The Conservation Authority reserves the right to request additional fees should the review require a substantially greater level of effort.
If a survey plan of the subject property is not available, you can submit a sketch map with the minor variance application to provide clarification of the variance 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):
Committee of Adjustment
71 Main Street West, 5th Floor
Hamilton, ON L8P 4Y5
Hamilton City Hall
71 Main Street West, 1st Floor
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:
- Two (2) copies of the completed application form
- Two (2) copies of the sketch or survey of the property must be submitted (one (1) full scale size and two (2) no larger than ledger size paper 11” x 17”)
- Five (5) copies of the information/reports if indicated as needed when completing the sections of the application form. The nature of the information/reports varies with the type of land uses proposed, the existing land use and topographic features.
- Payment, either credit card payment form or cheque(s)
Requirements after Submission
Once you apply for a Committee of Adjustment, you are required to post a sign on the property.
The City of Hamilton will:
- Provide a cardboard sign to the applicant when you submit the application or we will contact you to pick up a sign for the subject property.
- Send you a copy of the notice. You must insert the notice into the sleeve on the sign.
You will need to:
- Post a sign on the subject land.
- Post the sign on the property so that it is visible to the public.
- Leave the sign on the property until the appeal period has been completed.
Once you submit your application, a public hearing will be set within 30 days of the date of submission.