Land Division

Why do I need approval (consent)?

Dividing land without approval could have a long-term impact on you and future landowners. Unauthorized land division can affect municipal services, such as snow plowing and waste collection.

Proper approval ensures that:

• Consents fit in with current community planning framework.
• New lots and new land uses do not conflict with future planning goals or community policies.
• The Municipality can consider and determine how a land division might affect your land, your neighbours and your community.

How to apply for consent

1. Submit a detailed inquiry through our Planning Inquiry Portal, explaining what you would like to do. We will tell you how to apply, what fees apply and what documents to bring. We will also tell you if there are any requirements or zoning by-laws affecting your proposal. If planning staff think that additional pre-consultation is required, we will schedule a pre-application meeting to review and discuss at the cost of the applicant.
2. Complete one Application for Consent form per consent request. Prior to submitting your consent application please read the terms and conditions. All questions in the application must be completed in full otherwise the application will be deemed incomplete and returned to you. All applications must be signed before a commissioner of oaths. The Municipality of Clarington can provide this service.
3. Have an Ontario Land Surveyor, licensed under the Surveyor's Act, prepare a draft 40R-Plan depicting the severed and retained lands. As required, an applicant can prepare a supplementary sketch to accompany the draft 40R-plan. The foregoing must include:
   • Abutting lands owned by the owner showing the boundaries and dimensions.
   • The distance between the owner's land and the nearest township lot line or appropriate landmark (such as a bridge, railway crossing, etc.).
   • The boundaries and dimensions of the severed and the retained parcels and the location of all land previously severed.
   • The boundaries and dimensions of easements, rights-of-way, leases, mortgages, etc., existing and being applied for on the subject land and the boundaries and dimensions of any easements, rights-of-way, leases, mortgages, etc., existing or being applied for on the retained land.
   • The approximate location of all natural and artificial features on the subject land (such as buildings, railways, roads, watercourses, drainage ditches, rivers or stream banks, slopes, wetlands, wooded areas, wells and septic tanks) and on adjacent lands which may affect the application.
   • The use of adjacent lands (for example, residential, agricultural, cottage, commercial, etc.).
   • The location, width and names of all road allowances, streets, rights-of-way, highways within or abutting the property, indicating whether they are public travelled roads, private roads or right- of-ways or unopened road allowances.
   • The location and nature of any right-of-way or easement affecting the subject land.
   • If access to the subject land is by water only, the location of the parking and boat docking facilities.
4. Submit the application, draft 40R-Plan, and additional required documentation, as identified by consultation with staff, to the Committee of Adjustment by email at cofa@clarington.net. The subject line of the submission email must identify the type of application and address of the lands subject to the application. Should you wish to submit your application electronically please ensure the Owner's Authorization and Site Screening Questionnaire forms are filled out and submitted with your application.
5. Pay municipal application fee(s) online. 

Fees

Please refer to the Fee Schedule (PDF) for the current fee requirements.

Pay fees online

The Region of Durham will also require a fee to review the application. 

If the building or structure is located within a regulated area, a review fee for the applicable Conservation Authority will also be required.

We evaluate applications based on anticipated impacts on the health, safety, convenience and well-being of any present and future residents in the community.

We consider:

• The effects the proposal has on provincial interests.
• How closely it follows the Official Plan which includes policies and requirements for consent.
• Nearby land uses.
• Compliance with local zoning by-laws.
• Vehicle accessibility, water supply and sewage disposal.
• Protection from potential flooding.
• How consents fit in with current community planning framework.
• Ensuring new lots and new land uses do not conflict with future planning goals or community policies.
• How a land division might affect your land, your neighbours and your community.

The Secretary-Treasurer of the Committee of Adjustment will circulate your application to staff and agencies for comments.

These comments, and the Planning and Infrastructure Department's recommendation, will be compiled into a report that will be given to the applicant, agent and all Committee members for review.

At the Committee Hearing, which all applicants must attend or send representation to, opportunity is given to the applicant as well as any interested party to speak. Committee may ask questions for clarification.

The decision of the Committee of Adjustment will be made at the Meeting and a notice of decision will be circulated to the applicant, departments, agencies and interested parties. The decision is then subject to a 20-day appeal period. If no appeal is filed, the applicant and all who expressed an interest in the application will receive a letter advising that the decision is final and binding.

Sometimes, the Committee of Adjustment approves consents provisionally on certain conditions, including but not limited to:

• Road widenings.
• Parkland dedication.
• Finalized rezoning or minor variance applications.

Also, the landowner may have to make an agreement with the Region of Durham or the Municipality of Clarington. 

Once you meet all of the conditions, you receive a certificate.

Public engagement

People within 60 metres of a proposal site receive a public notice of the consent application and a notice sign is posted on the property. People who specifically request notices are also sent one.

If you are concerned about a proposal, you should:

• Contact the Committee of Adjustment for details.
• Write to the Committee of Adjustment before the public meeting.
• Attend the Committee of Adjustment Hearing and share your concerns.
• Request a notice of the Committee of Adjustment decision on the application. You will need the written request in case you want to appeal the decision.

Can the decision be appealed?

You can appeal a decision or any conditions on a consent application to the Ontario Land Tribunal by:

• The applicant;
• The Minister;
• A specified person; or
• Any public body.

You have to file your appeal within 20 days of the date of the notice of decision. The appeal deadline is included in the notice decision. An appeal must be submitted in writing describing the reasons for the appeal and must be accompanied by a cheque made out to the Director of Financial Services (refer to the current fee schedule for fee information). All appeals are submitted to the Secretary-Treasurer of the Committee of Adjustment located in the Planning and Infrastructure Services Department.

How long does it take?

What happens after approval?

Once all of the conditions contained in the Committee’s Decision are fully satisfied and you have received the certificate detailing clearance of the conditions, your solicitor must prepare and forward the legal document(s) to the attention of the Assistant Secretary-Treasurer, Joanne Barchard, at jbarchard@clarington.net.

For most applications (lot line adjustments and/or new lots) the legal documents, as prepared by a Solicitor, shall include the following documents (digital and hard copy):

• Draft of the complete Transfer/Deed of Land (including the Land Transfer Tax Affidavit);
• Acknowledgement and Direction document signed by all owners; and
• Schedule “A” Certificate for stamping (the full legal description of the “severed” lands).
• Registered 40R-plan describing the severed land.

The legal document(s) is/are to contain a registrable description satisfactory to our Municipal Solicitor and the Land Registrar in keeping with the current requirements of the Land Titles Act and the Registry Act.