There are two types of review procedures for Consents. City Council has delegated the approval authority for creation of new lots to the Committee of Adjustment. Approval authority for all other types of Consents has been delegated to the Deputy-Secretary Treasurers of the Committee.
You are strongly encouraged to take advantage of this consultation as it will save you time and money as you proceed through the review process.
If you are unfamiliar with the Consent application process, you should speak to the Planning Consultant at your local District office before you complete and submit your application. The Planning Consultant will provide preliminary information and may direct you to other appropriate staff. This may also be followed by a more formal consultation meeting arranged with a Planner.
It is also recommended that you obtain a Project Review to confirm that your proposal complies with the Zoning By-law and to determine if any other approvals are required for the release of a building permit. A Project Review application can be made with the Building Division at any Customer Service counter. If you do not obtain a Project Review, you are responsible for identifying the Zoning By-law requirements applicable to your property.
Submission of a Complete Application
The City will consider your application to be complete if it is accompanied by the required information identified in this Guide and through your pre-application consultation discussions. A complete application will allow a more efficient and comprehensive review of all supporting material.
If you submit an incomplete application, the City may respond in a number of ways. Usually, the City will return your application and request that you submit the outstanding information. Making your submission in person is recommended as this provides an opportunity for immediate confirmation of the completeness of your submission.
Your application will be circulated to a number of City divisions for technical review and comment. These divisions will provide comments to the Committee of Adjustment and, where appropriate, outline conditions for the approval of the application that would be applied by the Committee.
Depending upon the circumstances of your property, various external agencies may also be asked to comment on your proposal. For example, if your property is close to a watercourse, the Toronto and Region Conservation Authority will be asked for their input and/or approval (a service for which the TRCA charges). If your property is next to a rail line, the appropriate rail authority will be asked to comment.
You are strongly encouraged to consult with City divisions and external agencies that may have comments or requirements regarding your proposal. These consultations may reduce delays in deciding on your application. During your pre-application consultation, the Planning Consultant can assist in identifying the divisions and agencies that may have an interest in your application.
Delegated Consent Applications
City Council has delegated approval authority for Consents, other than the creation of new lots, to the Deputy-Secretary Treasurers of the Committee of Adjustment. Lot additions, validations of property title and creation of easements and rights-of-way may be resolved through a delegated Consent. Discuss your proposal with the Planning Consultant at your local District office to determine if it would qualify as a delegated Consent. If your application is deemed to be a delegated Consent, the application will not go before the Committee of Adjustment at a Public Hearing.
The City will mail a Notice of Receipt of Application to all owners of land within 60 metres of the subject property advising that a delegated Consent application has been submitted. If no written objections are received within 14 days from the mailing date, the Deputy-Secretary Treasurer may grant your Consent. To approve any delegated Consent, the Deputy-Secretary Treasurer must be satisfied that:
- Plan of Subdivision is not required.
- Criteria of Section 51(24) of the Planning Act are met, including whether the proposal conforms to the Official Plan and adjacent Plans of Subdivision, whether municipal services are adequate to service the proposal and whether the proposal is premature or in the public interest.
The Deputy-Secretary Treasurer forms his/her opinion through a detailed review of all material filed with an application, all written submissions and a site inspection.
When a delegated Consent application is approved, the processes described below regarding appeals to the Ontario Municipal Board and the issuance of a Certificate of Consent apply.
Posting of Public Notice Sign
You will be provided with a public notice sign:
- It must be posted in a prominent location on the property and visible from the street for 14 days prior to the Hearing (or when the Notice of Receipt of Application is mailed for a delegated Consent).
- You must ensure the sign remains in its posted location for this 14 day period and repair or maintain the sign to ensure it remains legible.
- In certain situations it may be appropriate to post more than one sign on the property.
- Please note that if the sign is not posted in a location that is visible from the street for the prescribed time, your application may be deferred until the notice has been properly posted.
If you have any questions regarding this process, please contact the staff assigned to your application. They will provide you with any information you require and will provide advice regarding any materials that may assist with your application. They are also the City contact identified on the Notice of Public Hearing and can advise you of any neighbourhood concerns arising from your application.
It is strongly recommended that you discuss your proposal with adjacent residents in order to address or alleviate concerns that may affect the resolution of your application. You may also wish to contact the Ward Councillor to discuss your proposal with him/her.
Notice of Public Hearing
The City will mail a Notice of Public Hearing to all owners of land within 60 metres of the subject property at least 14 days prior to the scheduled Hearing date. A copy of the notice will also be provided to any party requesting a copy (this may include community associations). The Notice of Public Hearing will contain the details of the proposal, including illustrative drawings.
An agenda for the Public Hearing is prepared one week before the Hearing date. This agenda will contain a copy of the original Notice of Public Hearing (or any amendments) and any appropriate plans or drawings. It may also contain a staff report regarding the application (including conditions for approval), any letters of support or objection, maps and photos of the application and surrounding properties and any other relevant material that would assist the Committee.
Committee of Adjustment Hearing
The Committee of Adjustment usually hears Consent applications within 60 days from the date of submission of a complete application. The Committee also usually hears the items in the order they appear on the agenda. However, this is at the discretion of the Committee and occasionally items are considered out of sequence.
At the Hearing, the Committee will introduce your item. As an applicant, either you or someone appointed by you will have an opportunity to present your proposal. Any person having an interest in your application will be invited to identify themselves and given an opportunity to make their views known.
To approve any Consent, the Committee of Adjustment must be satisfied that:
- Plan of Subdivision is not required.
- The criteria of Section 51(24) of the Planning Act are met, including whether the proposal conforms to the Official Plan and adjacent Plans of Subdivision, whether municipal services are adequate to service the proposal and whether the proposed land division is premature or in the public interest.
The Committee forms its decision through a detailed review of all material filed with an application, letters received, deputations made at the Public Hearing and the results of site inspections.
Committee of Adjustment Decision
The Committee of Adjustment will usually decide on your proposal at the Hearing. You and any person making a written request will be notified in writing of the Committee's decision within 15 days of the decision being made.
The Committee may also choose to adjourn the Hearing to a later date. If so, the Committee may either set a specific date for the item to be heard again or may defer it until such time as specific stipulations are met (i.e., a neighbourhood meeting is held or revised drawings are submitted). If this is the case, you must contact City staff once the stipulations have been met and a new Hearing date will be established. Should this result in a revision to the proposal, a new Notice of Public Hearing may be required.
Starting May 3, 2017, most appeals of Toronto Committee of Adjustment decisions will be dealt with by the Toronto Local Appeal Body (TLAB) instead of the Ontario Municipal Board (OMB).
- If no appeal is submitted, the decision is final and binding.
- You will receive written confirmation from the City that no appeals were filed.
A similar appeal procedure applies should the Committee of Adjustment refuse your application.
Satisfying Conditions of Approval
Circulation of the application may result in conditions being recommended for any approval of your Consent. These conditions may be fulfilled before your application goes before the Committee of Adjustment or, more often, will be imposed by the Committee as a condition of its approval.
Should your application be approved with conditions, and there is no appeal, you have one year within which to satisfy these conditions. If these conditions are not fulfilled within one year from the date of the notice of approval, the Consent is deemed to have been refused. A new Consent application would be required.
If there is an appeal to the Ontario Municipal Board, you would have one year to fulfill any conditions from the date of the order of the Municipal Board.
Certificate of Consent
Once you have satisfied the conditions of approval, the City will issue a Certificate of Consent. The following must be provided to the Deputy-Secretary Treasurer of the Committee of Adjustment before the Certificate is issued:
- Draft Certificate of Consent that includes a complete and registerable description of the land that is the subject of the Consent.
- Deposited Reference Plan for the subject property that accurately reflects the approved Consent application.
- Proof that all conditions of approval have been fulfilled within one year from the date of the notice of approval.
- In the case of a property line adjustment or a lot addition, you must provide a solicitors' undertaking that the severed lands will be joined with an abutting parcel.
After the City issues the Certificate of Consent, you have two years from the date of its issuance to carry out the necessary legal transaction (i.e., the registration of the deed), otherwise the Consent lapses. Ensure that you provide a copy of the registered deed to the Building division when you apply for your building permit.