The Planning Act requires approval of consent to land division. If you want to sell, mortgage, or lease (for more than 21 years) a part of your property, you need consent. This applies to rights-of-way, easements and any change to your current property boundaries.
Why do I need approval (consent)?
Dividing land without approval could have a long-term impact on you and future land owners. 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.
- We consider how a land division might affect your land, your neighbours and your community.
Consent application process
Before you apply for consent, talk to our Land Division Committee. 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.
We have an approved Official Plan that outlines policies and requirements for consent. We recommend a pre-consultation meeting.
After you file your application, we will schedule it for a Land Division Committee public meeting. We will also send your application to some municipal and provincial officials. This will give them a chance to review and make any comments to the committee before we decide.
Once we decide on your application, we send you, and anyone else who asked for notice, our decision.
Apply for consent
Complete the Application for Consent form and bring it to The Regional Municipality of Durham Headquarters, Planning Division, Level 4 at 605 Rossland Road East in Whitby, Ontario.
Other considerations when applying for consent
You should also consider the following when applying for consent to land division.
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How we evaluate consent applications |
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We evaluate applications based on the health, safety, convenience and well-being of any present and future residents in the community. We consider:
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| Fees | ||||||||||||
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View the Planning and Economic Development Department's fees and charges. Contact the Land Division Committee for agency review fees that apply to your application. |
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| Conditions of approval | ||||||||||||
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Sometimes, we approve consents on certain conditions such as:
Also, the land owner may have to make an agreement with the Region or the local area municipality. Once you meet all of the conditions, you receive a certificate. |
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| Public involvement | ||||||||||||
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People within 60 metres of a proposal site get a public notice of the consent application. People who request notices are also sent one. If you are concerned about a proposal, you should:
We schedule public hearings once a month. |
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| Appeals | ||||||||||||
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You can appeal a decision or any conditions on a consent application to the Ontario Municipal Board (OMB) by:
You have to file your appeal within a certain time frame. The appeal period is on the decision. File your appeal to the Land Division Committee's Secretary-Treasurer. In your written appeal, explain why you're appealing the decision and pay the appropriate fee. |
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| Committee agenda and minutes | ||||||||||||
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Our next virtual meeting will be held on Monday, February 8, 2021.
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For more information about consent applications, read the Ministry of Municipal Affairs and Housing's Citizens' Guide.
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