Scheduling Notice

As of January 1, 2024, the Region of Durham's Land Division function will be delegated to the City of Pickering. The City is now accepting Applications for Consent to be heard by the City of Pickering Committee of Adjustment starting February 14, 2024.

For any questions regarding these changes, please contact the, Secretary-Treasurer, Committee of Adjustment at citydev@pickering.ca.

How to participate in an electronic Committee of Adjustment hearing

Until further notice Committee of Adjustment hearings will continue to be held electronically. City staff are available to answer questions by telephone and in person during our regular business hours of Monday to Friday, 8:30 am to 4:30 pm.

 

Interested persons may participate in an electronic hearing and provide verbal comments to the members of the Committee of Adjustment by telephone or through the Webex electronic meeting platform. To participate by telephone or Webex, select one of the following ways:

 

A City Development staff member will follow up to confirm your participation and advise how to connect to the hearing.

 

Persons who wish to speak about an agenda item must register by 4:30 pm the day before the hearing.

 

The applicant and/or agent must participate in the Public Hearing and will be given an opportunity to present the proposal. The Committee may defer an item to a later Public Hearing date if the applicant does not attend. At the hearing, the Chair will invite each registered person, one by one, to join the hearing via audio connection. Please ensure you provide the phone number that you wish to be contacted on your participation form.

 

The Committee makes its decision at the Public Hearing through a detailed review of all material submitted with the application, letters and comments received, deputations made at the public hearing and site visits. Any persons who submit comments, address the Committee or request notification, will be notified in writing of the Committee’s decision.

 

Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the hearing minutes.

 

Watch the electronic hearing live stream via the City of Pickering’s YouTube channel.

What is a consent?

The Planning Act allows the division (severance) of land into lots, blocks or units through Plan of Subdivision, Plan of Condominium, Part Lot Control Exemption and Consent applications. The City of Pickering Official Plan limits the creation of new lots for residential purposes through consent for land severance application to a maximum of three lots. The creation of more than three additional lots is to be developed by a plan of subdivision except when authorized otherwise by Council. Consent applications are required to:

  • divide (sever) land into new lots;
  • add land to an abutting lot (lot additions, lot line adjustments, lot extensions, corrections to deeds or property descriptions);
  • establish easements or rights-of-way;
  • lease land or register a mortgage for more than 21 years.

 

The approval authority for consent applications to divide (sever) land creating new lots has been delegated to the Committee of Adjustment. Approval of all other types of consents including lot additions, lot line adjustments, corrections to deeds or property descriptions (validation of title), establishment of easements or rights-of-way, and the lease of land or registration of a mortgage for more than 21 years, are delegated to the Director, City Development & CBO.

 

For more information about consent applications, read the Ministry of Municipal Affairs and Housing's Citizens' Guide.

Review Procedure

There are two review and approval procedures for consents. The approval authority for the creation of new lots (severances) is delegated to the Committee of Adjustment. Approval authority for all other types of consents is delegated to the Director, City Development & CBO. When evaluating consent applications, the following must be satisfied:

  • a 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;
  • provincial interests are met;
  • future planning goals and community policies are satisfied;
  • neighbouring properties are not adversely impacted;
  • zoning by-law compliance.
Consent Application Process

Pre-consultation with City Development is a requirement prior to applying for any consent application. At the pre-consultation meeting, information on how to apply, what fees apply, what documents are to be submitted, the Official Plan policies and zoning by‑law provisions affecting your proposal, and whether any other approvals are required for the release of a building permit will be provided.

 

Once a complete application is submitted (see Submission Requirements below), a Notice of Public Hearing for Consent to Sever application or a Notice of Receipt of Application for all other consent applications will be circulated to landowners within 65 metres of the property, City departments, and commenting agencies. Where proposed new lots do not comply with the zoning by-law, the required accompanying Application for Minor Variance will be scheduled for the same Public Hearing as the Application for Consent to Sever. Applicants will be provided with requirements for the posting of a public notice sign on the property. The Notice of Hearing and Notice of Receipt of Application will contain details of the proposal and the submitted site plan or draft reference plan. 

 

It is strongly recommended that prior to applying and prior to a public hearing, applicants discuss details of proposals with adjacent residents and property owners in an effort to address concerns.

 

For applications for consent to sever, a staff report containing comments received and recommended conditions of approval will be prepared for the consideration of the Committee of Adjustment. The staff report will be available to the applicant and members of the public, the Friday before the Committee hearing. Letters of support or objection are forwarded to the Committee.

 

For all other consent applications, the Director, City Development & CBO will consider all material submitted with the application along with all public, department and agency comments prior to forming an opinion to approve or refuse the application. A Certificate of Consent will be issued for consents that are approved.

 

Decisions of both the Committee of Adjustment and the Director, City Development & CBO can be appealed by the applicant, the Minister or a specified person or public body (as defined by the Planning Act) within 20 days of the date of the decision, to the Ontario Land Tribunal (OLT). For information on how to appeal a decision of the Committee of Adjustment or the Director, City Development & CBO, visit the Ontario Land Tribunal (OLT) website to determine if you are eligible to make an appeal. Appeals are submitted to the City of Pickering City Development department to be forwarded to the OLT.

 

Should your application be approved with conditions, and there is no appeal, you have two years to satisfy the conditions. If the conditions are not satisfied within two years from the date of the notice of decision, the consent is deemed to have been refused. If there is an appeal to the OLT, you have two years to fulfill any conditions from the date of the Order of the OLT.

Submission Requirements
The Application for Consent is available online or from the City Development Department and outlines the mandatory requirements for all consent applications. Mandatory application requirements will be confirmed and additional requirements specific to the proposal will be identified through a pre‑consultation with the City Development Department. All relevant material, documentation and fees must be submitted with your application for the submission to be considered complete and scheduled for a Public Hearing or considered by the Director, City Development & CBO.
Application Timelines

There are strict deadlines that must be met by both the applicant and City staff when processing the application for consent.  In total, approximately 3 months is required from the time an application is filed to the completion of the 20-day appeal period. If there is no appeal filed, the decision will become final and a notice to this effect will be issued. When the conditions of approval have been fulfilled within the stated two-year period, a Certificate will be issued. If the conditions are not fulfilled within the two-year period the application is deemed to have been refused and the decision will lapse. Note that if the Certificate is not used for a transaction to transfer title within the two-year period from the date on the Certificate, the Certificate will lapse and a new Consent application will be required.

 

The Committee of Adjustment may also change conditions of approval at any time before the Certificate is issued or before the Committee’s decision lapses. Written notice of the changes to the conditions will be given to all persons who had requested notice of decision.

Notice of Decision

Notice of the Committee's decision and the Director, City Development & CBO decision are mailed to the property owner and other interested parties who requested a copy of the decision.

 

The decision will be subject to the completion of certain conditions, which will be outlined in the decision. It is the applicant’s responsibility to satisfy these conditions by the required date to avoid the decision lapsing and the consent not coming into force. Applicants will be provided a date 2 years from the decision date to satisfy conditions of approval.

Certificate of Consent

A Certificate of Consent will be issued once all conditions of approval are satisfied. The following must be provided to the Secretary-Treasurer, Committee of Adjustment before a certificate is issued: 

  • a draft Certificate of Consent that includes a complete and registerable description of the land that is the subject of the consent;
  • a deposited Reference Plan for the subject property that accurately reflects the approved consent application;
  • proof that all conditions of approval have been fulfilled within two years from the date of the notice of approval; and
  • 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 and under the same ownership as the abutting parcel to be joined.
Appeal Process

Decisions of both the Committee of Adjustment and the Director, City Development & CBO can be appealed by the applicant, the Minister or a specified person or public body (as defined by the Planning Act) within 20 days of the date of the decision, to the Ontario Land Tribunal (OLT). Visit the Ontario Land Tribunal (OLT) website to determine who is eligible to make an appeal and for copies of the appeal form.

 

Appeals including the fee are submitted to the City of Pickering City Development department and will be forwarded to the OLT by the City. Appeals must outline the reasons for the appeal, together with a cheque payable to the “Minister of Finance". A filing fee will also apply to each additional variance appeal filed by the same appellant against connected variance applications. 

 

Submit your appeal to:

Secretary-Treasurer of the Committee of Adjustment

City Development Department

One The Esplanade, Pickering, ON L1V 6K7

Hearing Schedules, Agendas & Minutes

View the 2024 Adopted Hearing Schedule

View Committee of Adjustment Agendas.

View Committee of Adjustment Minutes.