As a Toronto real estate agent, I don’t often run into clients that are interested in a land severance, but it’s certainly a process that all real estate agents should be knowledgeable about.
If you find yourself asking: What is Land Severance? It is the legal division of a piece of land which results in the creation of a new lot. In Ontario, it requires consent from the local municipality. Land severance is a crucial urban planning tool and is increasingly used for infill development to boost housing supply by subdividing oversized lots into multiple lots. These applications can be controversial in surrounding neighbourhoods.
The decision for land severance is made by the Committee of Adjustment (COA). This committee is composed of individuals who have been appointed by the council, who have the authority to make decisions on severing land and minor variance in your area (such as changes to the zoning by-laws).
The Land Severance Process
Land Severance in Ontario follows the Planning Act, providing rules and regulations for applicants, municipalities, and the public. Although legislation guides the process, it may vary between municipalities. For example, Toronto vs a small town will likely have different guidelines. Here are the steps in the Land Severance process:
- Pre-Application Consultation
- Fees and Application
- Notice Period
- Planning Recommendation Report
- Public Hearing
- Appeal
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Pre-Application Consultation
Ontario requires a pre-application consultation before even submitting a land severance request to the COA. This involves a meeting with municipal planning members to discuss the proposal and evaluate its merits, gather feedback from departments, and identify potential issues that may arise due to severance. The formality of the consultation varies, from a form submission to a phone call or email. You can check the local municipality’s website for instructions.
Fees and Application
After your consultation with the municipality, a land severance application with the required documentation and fees can be submitted. It must have a planning sketch and all related information. Municipalities determine the application fee. For example, the City of Toronto currently charges around $6,500 for splitting one lot into two.
On top of application fees, there will be a cost associated with the severance sketches, reports, professional representation, etc. and the costs can vary depending on many other factors. Applicants could also find themselves applying for a minor variance if the local zoning by-laws don’t fit into their plans.
Notice Period
Notice shall be given once the application has been received by the municipality. Public notice must be given at least 14 days before a decision is made. The notice should be delivered following these rules:
- Mail or personal service to every landowner within 60 metres
- Posting notice from a public highway (or somewhere that is accessible to the public)
The process of providing notice to local residents about a proposed land severance is a common practice. The aim is to ensure that all stakeholders are aware of the proposal and have an opportunity to provide feedback. However, it sometimes leads to a disproportionate number of “not in my backyard” objections, rather than more constructive feedback.
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The Planning Recommendation Report
The Recommendation Report is an important step in the land severance process. It provides a comprehensive analysis of the proposed severance and helps the Committee of Adjustment (COA) make an informed decision. The report summarizes the relevant information, including public and internal comments, a planning analysis, and any minor variances that may be required. Although the recommendation in the report is influential, the COA is not bound to follow it and has the final say on the approval or rejection of the land severance.
The COA evaluates land severance applications based on the following:
- Compatibility with the official plan and neighbouring land use
- Suitability of land for proposal, including lot size and shape
- Adequate access to water and sewage
- Flood protection measures
The decision must align with the Provincial Policy Statement (PPS) and relevant provincial plans, which are crucial for land use planning. The COA must ensure that the application satisfies all elements to approve a minor variance. No specific legal test exists.
Appealing the Decision
If you received a decision against your proposed application, the decision is communicated to the applicant via written notice with a brief explanation and a deadline for appealing the decision. The appeal can be filed with the Ontario Land Tribunal (OLT) or Toronto Local Appeal Body (TLAB) if in Toronto. The cost and timeline for appeal vary by location and type of application. Appeal hearings are more formal, with parties represented by lawyers and strict evidence rules. They typically last 1-5 days, depending on complexity.
So there you have it! It sounds like a complex process, and it is, but it’s nothing that hasn’t been done before. For more information regarding land severances, visit the Ontario website or give me a call at 416-728-5401.
