Table of Contents (click on the links below to go to the desired section)
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What is "consent"?
When is "consent" needed?
Why would I need a lot addition
How do I obtain "consent"?
Where do I get an application and more information
How much will an application cost?
What information is required in the application?
What happens once I submit my completed application?
What could affect the outcome of my application?
If someone objects, is my application automatically refused?
Do I get my money back if my application is refused?
What can I do if my application is turned down?
What if my application is approved and my neighbour strongly objects?
How long does the application process take?
What do I do next?
1. What is "consent"?
"Consent" is a term used in provincial planning legislation (Ontario Planning Act) to describe the approval required to subdivide land without the requirement of a plan of subdivision. It is most commonly used to sever an existing lot or parcel into more than one lot. The consent process follows the rules and regulations of the Planning Act.
2. When is "consent" needed?
Two of the more commonly known transactions requiring consent are referred to as 'lot splits' and 'lot additions':
1) A lot split is the division or severance of a single parcel of land or lot into two or more parcels or lots.
2) A lot addition is adding to a lot, making it larger than it is at present.
3. Why would I need a lot addition?
Before many of today's building controls and standards were established, there were very few checks and balances in place to ensure the proper location of buildings within a property's boundaries. A current survey of the property might reveal part of a building encroaching onto a neighbour's property. If the adjacent property owner is agreeable, one of the ways to permanently correct this situation is to obtain legal title to the land over which the building straddles.
In some cases, a property owner does not have sufficient property to develop. For example, there may be adequate area to locate a dwelling in compliance with municipal by-law standards; however, the lot may be too small to accommodate an accessory structure such as a detached garage. If an adjacent property owner is prepared to dispose of surplus lands and his property would not be adversely affected by the transaction, it may be possible to obtain ‘consent'.
These kinds of proposal would result in permanent changes to the two properties that are affected - the property being enlarged and the property from which the land is being taken.
4. How do I obtain "consent"?
An application must be completed and submitted for consideration by the consent granting authority. City Council has subdelegated its consent granting authority to an appointed Consent Official whose responsibility it is to assess the proposal and decide whether to approve or refuse the application.
5. Where do I get an application and more information?
Office of the Consent Official, Growth & Development Department, 3rd Floor, Tom Davies Square, 200 Brady Street, Sudbury, 705-674-4455, Ext. 4376 or 4346
It is recommended that you discuss the proposal with staff for the purpose of reviewing issues before submitting the application. If a problem is detected at this stage, you are informed and any available options are presented. If no apparent problems are detected, formal submission of the application is the next step in the process.
6. How much will an application cost?
The application fee covers processing costs. The non-refundable application fee is $1440.00. Included in this is a $220.00 fee collected at the same time to offset the cost of advertising your proposal in the local newspaper, as required under Provincial legislation. You may also have to pay a fee if input from the Sudbury and District Health Unit is required. This only applies to properties that do not have municipal sewer service (i.e. require a septic system).
Should the proposal not fully comply with minimum by-law requirements, another type of application (minor variance) will also be required (see Homeowner's Guide Minor Variance Application). The non-refundable application fee is $910.00 (includes $220.00 for providing notice in the local newspaper).
7. What information is required in the application?
A sketch, drawn to scale, illustrating:
• the whole property before it is divided
• the proposed severance line
• all property dimensions
• distances between all buildings/structures and the property and proposed severance lines
• details about ownership, property description, dimensions and an outline of the proposal
• application fee
• written authorization for an appointed representative
8. What happens once I submit my completed application?
The application is circulated to a number of City departments and other agencies for comments. Notice of your proposal will be sent by mail to property owners within a 60 metre (approximate 200 foot) radius of your property and will also appear in the newspaper. A deadline for written submissions is provided on all forms of notice. Following the circulation period, all correspondence will be reviewed and the Consent Official will determine if the proposal meets the requirements of the Planning Act and approve or not approve the application.
9. What could affect the outcome of my application?
Concerns expressed by one or more circulated departments or agencies such as:
• Nickel District Conservation Authority
• Sudbury and District Health Unit
• Traffic & Transportation
• Public Works (Engineering, Construction & Technical Services)
• Development Services
• Building Services
• Ministry of Transportation
• Greater Sudbury Hydro Plus Inc (if applicable)
• Valid objections from neighbours
10. If someone objects, is my application automatically refused?
No, The Consent Official must weigh all the evidence presented. A number of specific issues to be addressed are outlined in the planning legislation. Many of the ‘legislated' considerations are addressed in the comments received from the various departments and agencies to which the application was circulated. Reliance is placed on the professional views expressed. Conformity with approved planning documents i.e. the Official Plan and Zoning By-law is of paramount importance.
12. What can I do if my application is turned down?
You can file an appeal to the Ontario Municipal Board. You have twenty days following the date the decision was mailed to file an appeal with the City Clerk.
14. How long does the application process take?
A decision will be rendered within 90 days from the day your application is accepted. Your approval is not in effect until the twenty day appeal period following the mailing of the decision has ended. In cases where an appeal is lodged, the decision is not final until it has been dealt with by the Ontario Municipal Board.
15. What do I do next?
Once the initial approval has been obtained, you must undertake a series of steps leading to the registration of the transaction in the Land Registry office. A plan of survey prepared by an Ontario Land Surveyor will be required and any conditions of approval must be met. There are also time limits. Provincial legislation limits the approval period to one year. If conditions are not fulfilled within this prescribed time frame, the application is considered refused. These and other procedures will be outlined in a guide included with your copy of the decision.