General Inquiry Email
We strongly recommend that you contact planning staff in order to determine the feasibility of your Consent or Minor Variance application.
Send an email, include the property address & a brief description of the proposal.
A consent is often referred to as a land severance. The most common types of consent applications are for land severance to divide a parcel of land into two or more new lots or as a lot addition to an abutting property.
Examples of other consent applications may include, but are not limited to:
- Mortgages over part of a property
- Lease agreements in excess of 21 years
- Easements for servicing and right of ways for access over one property in favour of another Validation of title to resolve conveyance oversights that contravene the Planning Act
Land severance proposals may involve minor variance approvals. You can submit both applications at the same time for consideration.
The approximate processing time for an application without appeal is about 7-9 weeks. Additional time may be required to fulfill conditions if a provisional approval is granted.
Apply for Consent to Sever Land
Prior to submitting an application for Consent, it is strongly recommended that you contact planning staff in order to determine the feasibility of your proposal. Staff are able to provide information with regards to which policies apply to the subject lands.
Please review the applicable Official Plan (Rural Hamilton Official Plan or Urban Hamilton Official Plan) and for lot creation and consent policies applicable to your application. Please review the applicable Zoning By-law for lot size, frontage, and setback requirements for your application.
This application form is to be used by persons or public bodies wishing to apply for Consent within the City of Hamilton. In this form, the term "subject land" means the land to be severed and the land to be retained.
In the case of an approved application, conditions may be imposed as requested by circulated agencies. For example a 5% park land dedication or cash in lieu thereof to the local municipality, a road widening dedication to the appropriate authority, and any other condition the Committee deems necessary.
The application form also sets out additional information such as technical information or reports that will assist the City in their planning evaluation of the consent application. To ensure the quickest and most complete review, this information should be submitted along with the mandatory information. In the absence of this additional information, it may not be possible to do a complete review within the legislated time frame for making a decision. As a result, the proposed severance application may be refused.
You will have to pay the application fee when you submit your application. Applications fees are non-refundable whether the application is approved or denied.
Fees can be paid by cash, cheque or credit card. Cheques must be made payable to the City of Hamilton.
|Fully Service Lot||$3,220|
|Property serviced with well or cistern||$3,235|
|Additional fee plus Base Fee where no sanitary sewer exists or if services are new to the area
and any existing house is still serviced by a septic system.
|Concurrent Lot Creation||$1,990|
|Deferral or Extension||$75|
|Validation of Title||$510|
|Plus per Unit Finance Fee (collected if a new parcel of land is created)||$20|
Conservation Authority Plan Review Fee
The Conservation Authorities within the City of Hamilton charge fees for their review of Planning Act applications. Please contact Planning Staff to determine if the subject lands are in an area regulated by a Conservation Authority.
- Conservation Halton Review Fees
- Hamilton Conservation Authority Review Fees
- Niagara Peninsula Conservation Authority Review Fees
- Grand River Conservation Authority Review Fees
The fee is to be paid to the appropriate Conservation Authority, failure to do so may result in a delay of the review of the application. Contact information for the Conservation Authorities can be found in the Submission Requirements and Information package.
If a survey plan of the subject property is not available, you can submit a sketch map with the application to provide clarification of what you are applying for.
You must provide these details with your sketch map:
- The true dimensions of the property for which the application is being made
- The location and dimensions of all existing buildings, structures or uses on the subject property
- The setback measurements from the lot lines to the existing or proposed building on the subject property such as front yard, rear yard and side yard setbacks. If applicable, the distance of building on neighbouring lots
- Clearly demonstrate the difference between the existing building and the proposed addition (if applicable)
- The location and name of the street should be shown
- The location must be drawn to scale utilizing good drafting techniques
- A scale and north arrow should be shown on the sketch
- The committee reserves the right to reject sketches for insufficient or poorly presented information
- The size has to be a minimum of 8.5“x 11” and a maximum of 11” x 17”
Submit the completed application form, supporting documents, and fee(s):
Committee of Adjustment
71 Main Street West, 5th Floor
Hamilton, ON L8P 4Y5
Hamilton City Hall
71 Main Street West, 5th Floor
Email [email protected]
Electronic submissions must include:
- One (1) copy of the completed application form (all applicable sections filled out and commissioned)
- One (1) copy of the Survey or Site Sketch, including all required information per Section 3
- One (1) of any additional information, including studies; and
- Payment information, either credit card payment (name and phone number of the person paying, they will be contacted by staff) or scan/picture of cheque(s). All physical cheques must be mailed or dropped off at City all as per instructions above.
Hard copy submissions must include:
- One (1) copy of the completed application form and all signature sheets (all applicable sections filled out and commissioned);
- One (1) copy of the Survey or Site Sketch, including all required information per Section 3 (no larger than ledger size paper 11” x 17”);
- One (1) copy of the information/reports if indicated as needed when completing the sections of the application form; and,
- Payment, either credit card/debit processed at the counter or cheque(s).
Requirements after Submission
Once the file has been scheduled for decision, you are required to post a sign on the property.
The City of Hamilton will:
- Provide you with a digital or hardcopy of the sign with the file number and the scheduled date of decision.
You will need to:
- Post the sign on the subject lands.
- Ensure the sign is visible to the public.
- Ensure the sign remains posted and visible until the Decision has been made.
Once you submit your application, a public hearing will be set within 30 days of the date of submission.