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Land Division Committee

Land Division - A Citizen's Guide to Consent

What is Consent?

Consent is required if you want to sell, mortgage or lease (for more than 21 years) a part of your ownership. It is also required for rights-of-way, easements and any change to your existing property boundaries (lot line adjustment).

Where do I go for Consent?

Consent applications are made to the Land Division Committee in the Region of Durham. The offices of the Committee are located in the Planning Division on the 4th Floor, 605 Rossland Rd. E., Whitby. The telephone number is 905-668-7711.

Why do I need approval?

Approval of consent is required under the Planning Act. The indiscriminate division of land, without anyone's approval, could have a long-term impact. It could, for example, result in over-extension of municipal services, such as snow plowing, water supply and waste collection. It might result in damage to the natural environment, due to lots that are too small to accommodate adequate sewage disposal systems. Approval is required to ensure that:

  • Consents are considered within an established community planning framework.
  • New lots and new land uses do not conflict with the overall future planning goals and policies of your community.
  • Consideration is given to the effects of the division of land on the site, on the neighbours and on the community as a whole.

What is the process for a consent application?

Before you apply for a consent, you should consult with staff of the Durham Land Division Committee. They will be able to tell you how to apply, what fees will be required, what supporting material you must submit (e.g. sketches, plans) and if there are any requirements set out in the official plans or zoning by-laws affecting your proposal. The Region of Durham has an approved Official Plan in place with specific policies and requirements for consent. A pre-consultation meeting is recommended. Once you have filed a complete application, it will be scheduled for a public meeting (View the schedule (PDF)) of the Durham Land Division Committee. A copy of your application will be sent to certain municipal and provincial officials to give them an opportunity to review it and make their comments to the Committee before a decision is made. When the committee has decided on an application, it sends a notice of decision, approving or refusing the consent, to the applicant and to anyone else who has asked to be notified.

Fees

How is a consent application evaluated?

In considering each application for consent, the Committee evaluates the merits of each proposal with regard to the health, safety, convenience and welfare of the present and future inhabitants of the community, and to such matters as:

  • The effects of the proposal on matters of provincial interest, such as the protection of prime agricultural lands, noise impacts and site contamination.
  • Conformity with the Official Plan and compatibility with adjacent land uses.
  • Compliance with local zoning by-laws.
  • Suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created.
  • Adequacy of vehicular access, water supply, and sewage disposal.
  • Protection from potential flooding.

What about conditions of approval?

A consent approval may have certain conditions attached to it. These may include such requirements as road widenings, parkland dedication, or finalization of a rezoning application. In addition, the property owner may be required to enter into an agreement with the Region and/or the area municipality. When all the conditions have been met by the applicant, a certificate is issued.

How is the public involved?

The committee gives public notice of a consent application to those assessed persons within 60m of the subject site. Anyone who has requested notice in connection with a particular application would also be sent one. If a proposed consent comes to your attention and you have a concern, you should:

  • Contact the Land Division Committee staff to find the details of the application.
  • Make your views known by writing to the committee prior to the public meeting.
  • Attend the Public meeting and bring your concerns to the committee.
  • Request, in writing, notice of the committee's decision on the consent application. This request will be necessary in the event that you want to appeal the decision at a later date.

What rights of appeal do I have?

A decision on a consent application (or any of the conditions) can be appealed to the Ontario Municipal Board by:

  • The applicant.
  • Any person or public body that made a written request to be notified of the decision or conditions.

Your appeal must be filed within a designated appeal period (outlined on the decision) to the Secretary-Treasurer of the Land Division Committee. Written reasons supporting your objection and payment of the prescribed fee for an appeal must be included.

When do the Public Hearings occur?

Regular public hearings are scheduled once a month.

How do I obtain a copy of the agenda and minutes of the Committee?

How can you find out more?

For further information related to consent applications please access the Ministry of Municipal Affairs and Housing Citizen's Guide or contact the Durham Region Planning Division at 905-668-7711.