Guide to the
Consent Process
What Is A Consent?
The
Planning Act requires that a "consent" or "plan of subdivision"
must be approved before a parcel of land can be divided to create
an additional lot or lots. A consent is also called a severance.
Controlling the division of land through "severancing"
gives the Town of Huntsville a way of ensuring that the creation
of lots is consistent with the planning policies of the Huntsville
Official Plan, the District of Muskoka Official Plan and Provincial
planning documents.
Under What Conditions
Is A Consent Required?
A
consent is required to:
- divide
land (or sever it) for the purpose of sale;
- register
a mortgage or discharge a mortgage over part of a parcel of
land;
- register
a lease over part of a parcel of land when the term of the lease
is 21 years or more (inclusive of renewal options);
- register
an easement or right-of-way; and
- adjust
boundaries of existing land parcels to enlarge or decrease the
size of a property.
How Many Lots
Can Be Severed?
In
general, applications for the creation of multiple lots are encouraged
to proceed by registered plan of subdivision, particularly where
any of the following apply:
- where
the future development potential of the retained lands is in
question;
- where
major extension or dedication of a new public road would be
required;
- where
major extension of municipal water or sewage services would
be required; or
- where
an agreement or condition would be required for any part of
the retained lands which is not capable of being accommodated
through the consent process.
When
the above conditions do not apply, multiple lot creation through
the consent process may be possible. If there are significant
lands that are to be retained, it may be necessary for applicants
to also show through a subdivision concept plan, how these retained
lands and the proposed lots created through the consent process
are compatible with one another, as well as existing and future
development of abutting lands.
How Do I Make
A Consent Application?
| Step
1 |
Consult
with the Town of Huntsville:
In Huntsville,
consents are dealt with by the Committee of Adjustment,
that consists of the members of Town Council.
Before you fill out an application, it is helpful to discuss
your plans with the Planning Department to determine:
- the
need for a consent and the type of consent involved;
- whether
or not a minor variance application to the Committee of
Adjustment or a rezoning application is required to amend
the Town of Huntsville
Zoning By-law;
- whether
or not there might be servicing requirements/limitations,
or land dedications involved with a consent proposal;
or
- whether
or not the proposal is beyond the scope of the consent
process and is, for example, a subdivision situation.
|
| Step
2 |
Complete the Application:
To avoid delays, please ensure that your application
is complete, that all drawings are neat and legible and that
all dimensions are accurate. |
| Step
3 |
Circulation of Application:
After your application has been received,
and at least 14 days prior to the meeting, the Secretary -Treasurer
of the Committee of Adjustment will send notice of the application
to every person assessed within 60 metres of the subject
property, and to every person and public body that has provided
a written request for such notice. Anyone wanting
to be notified of the decision must make a written request.
Your application will also be circulated to prescribed
agencies and to Town Departments for the purpose of obtaining
written comments and/or advice for consideration when making
the decision on the application. |
| Step 4 |
Decision
Making Process: The Committee of Adjustment
will carefully consider all aspects of your application
against matters such as:
- what
the effect will be on the health, safety, convenience
and welfare of the present and future inhabitants;
- the
impact on Provincial interests;
- whether
the application is in the public interest or is premature;
- are
the lands suited to the proposal;
- if
the size and shape of the lots and the overall plan are
suitable;
- whether
the lot layout addresses conservation of natural resources
and flood control;
- whether
utilities, road systems, municipal services and schools
are adequate;
- if
the area of land being dedicated for public purposes is
suitable;
- whether
the application conforms to the applicable planning documents
and if it is compatible with adjacent land uses.
If
your application is approved, the Committee of Adjustment
may impose conditions as part of the decision. Conditions
could include things such as a requirement for Site Plan
Approval, the entering into of an agreement with the Town,
or approval of a lot grading plan.
|
| Step
5 |
Notice of Decision:
Within 15 days of the date on which the Committee
of Adjustment makes a decision, one copy will be mailed
to you, to anyone who filed a written request for notice of
the decision, to everyone who provided written comments or
written submissions, and to anyone else prescribed by regulation.
|
| Step
6 |
A Final Binding Decision:
If no appeal is made by the end of the 20
day appeal period, the decision is final and binding.
You may then proceed to fulfill the conditions of consent
and to prepare and submit to the Secretary -Treasurer
of the Committee of Adjustment the appropriate documents such
as a deed or a mortgage for certification. |
| |
|
| IMPORTANT
NOTE: Section
53 of the Planning Act provides that: |
| |
- where
a consent is granted with conditions, the conditions must
be fulfilled within one year of the "giving of notice
of a decision" or the consent is deemed to be "refused",
and,
- where
a conditional consent has been certified as to the fulfillment
of the conditions, the consent itself "lapses"
after two years from the date of the certificate.
|
| |
|
How
Long Does The Process Take?
On
average, approximately 6 to 8 weeks elapse from the time
an application is filed with the Committee of Adjustment
to the point where a decision of the Committee of Adjustment
is final and binding.
Can Anyone
Appeal The Decision?
Anyone
may appeal a decision of the Committee of Adjustment to
the Ontario Municipal Board (OMB) within 20 days of the
date of the Notice of the Decision of the Committee of Adjustment
by personally delivering or sending a Notice of Appeal to
the Secretary -Treasurer of the Committee of Adjustment.
The appeal must set out the reasons for objecting
to the decision and must include the OMB's prescribed appeal
fee. The Secretary -Treasurer will then prepare an
appeal package and forward it to the OMB. The OMB
will schedule a hearing and give written notice of the time
and date in advance of the hearing.
Consent Application Form
Need More
Information or Have Any Questions?
Contact:
Secretary-Treasurer,
Committee of Adjustment
Planning
Department, Town of Huntsville
37
Main Street East
Huntsville
, Ontario
, P1H
1A1
(705)
789-1751 ext. 2351
1-888-696-4255
Fax
(705) 789-6689
District
Municipality
of Muskoka
70
Pine Street
Bracebridge
, Ontario
, P1L
1N3
(705)
645-2231
1-800-461-4210
Fax
(705) 645-5319
Ministry
of Transportation
207
Main Street West
Huntsville
, Ontario
, P1H
1Z9
(705)
789-2391
Fax
(705) 789-3606
Department
of Fisheries & Oceans
28
Waubeek Street
Parry
Sound , Ontario
, P2A
1B9
(705)
746-2196
Fax
(705) 746-4820
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