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Land Development and Land Division

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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.

How we evaluate consent applications

We evaluate applications based 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.
  • Nearby land uses.
  • Compliance with local zoning by-laws.
  • The land.
  • Vehicle accessibility, water supply and sewage disposal.
  • Protection from potential flooding.
Fees

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.

Conditions of approval

Sometimes, we approve consents on certain conditions such as:

  • Road widenings.
  • Parkland dedication.
  • Finalized rezoning applications.

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.

Public involvement

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:

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

We schedule public hearings once a month.

Appeals

You can appeal a decision or any conditions on a consent application to the Ontario Municipal Board (OMB) by:

  • The applicant.
  • Any person or public body who requested notice of the decision or conditions.

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.

Committee agenda and minutes

Our next meeting will be held on Monday, March 13, 2023.

View the Agenda

Draft Minutes 2023
  • January 23, 2023
  • February 13, 2023
Draft Minutes 2022
  • January 10, 2022
  • February 7, 2022
  • March 14, 2022
  • April 11, 2022
  • May 9, 2022
  • June 6, 2022
  • July 11, 2022
  • August 8, 2022
  • September 12, 2022
  • October 3, 2022
  • November 7, 2022
  • December 5, 2022
Draft Minutes 2021
  • January 11, 2021
  • February 8, 2021
  • March 15, 2021
  • April 19, 2021
  • May 10, 2021
  • June 7, 2021
  • July 12, 2021
  • August 9, 2021
  • September 13, 2021
  • October 4, 2021
  • November 1, 2021
  • December 6, 2021
Draft Minutes 2020
  • January 13, 2020
  • February 10, 2020
  • May 25, 2020
  • June 22, 2020
  • July 20, 2020
  • August 17, 2020
  • September 17, 2020
  • October 5, 2020
  • November 2, 2020
  • December 7, 2020
Draft Minutes 2019
  • January 14, 2019
  • February 11, 2019
  • March 18, 2019
  • April 15, 2019
  • May 13, 2019
  • June 10, 2019
  • July 15, 2019
  • August 12, 2019
  • September 9, 2019
  • October 7, 2019
  • November 4, 2019
  • December 9, 2019
Draft Minutes 2018
  • January 15, 2018
  • February 12, 2018
  • March 19, 2018
  • April 23, 2018
  • May 14, 2018
  • June 11, 2018
  • July 16, 2018
  • August 13, 2018
  • September 10, 2018
  • October 15, 2018
  • November 5, 2018
  • December 10, 2018
Draft Minutes 2017
  • December 11, 2017
  • November 6, 2017
  • October 16, 2017
  • September 11, 2017
  • August 14, 2017
  • July 17, 2017
  • June 12, 2017
  • May 15, 2017
  • April 24, 2017
  • March 20, 2017
  • February 13, 2017
  • January 16, 2017 amended
  • January 16, 2017
Draft Minutes 2016
  • December 12, 2016
  • November 14, 2016
  • October 17, 2016
  • September 19, 2016
  • August 15, 2016
  • July 11, 2016

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

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