Appeal of a Consent
Who may file an appeal of a Consent Decision of the Committee of Adjustment or Consent Authority?
Neighbours and other interested parties not defined are no longer eligible to file Planning Act Section 53(19) appeals. See Bill 23, More Homes Built Faster Act, 2022 for more information.
Planning Act Section 53(19) appeals may be filed by the applicant, the Minister of Municipal Affairs and Housing, a “specified person” (as defined by Planning Act 1(1)), and any “public body” (as defined by Planning Act 1(1)).
When must an appeal of a Consent be received to be considered?
Planning Act Section 53(19) appeals must be received no later than the end of business on the last date of appeal listed on the Notice of Decision. The last date of appeal is 20 days from the date of the giving of Notice of the Decision. Please see Notice of Decision for exact date.
Appeal of a Minor Variance
Who may file an appeal of a Minor Variance Decision of the Committee of Adjustment?
Neighbours and other interested parties not defined are no longer eligible to file Planning Act Section 45(12) appeals. See Bill 23, More Homes Built Faster Act, 2022 for more information.
Planning Act Section 45(12) appeals may be filed by the applicant, the Minister of Municipal Affairs and Housing, a “specified person” (as defined by Planning Act 1(1)), and a “public body that has an interest in the matter” (as defined by Planning Act 1(1)).
When must an appeal of a Minor Variance be received to be considered?
Planning Act Section 45(12) appeals must be received no later than the end of business on the last date of appeal listed on the Notice of Decision. The last date of appeal is 20 days from the date of the Decision. Please see Notice of Decision for exact date.
General Information
Where must the appeal be filed to be considered?
Planning Act Section 53(19) & 45(12) appeals must be received either by:
- Hardcopy: At City Hall and addressed to the Secretary-Treasurer of the Committee of Adjustment, Hamilton City Hall, 5th Floor, 71 Main Street West, Hamilton, ON, L8P 4Y5. Do not address appeals to any other departments or locations. Appeals received by the office of the Committee of Adjustment after the last date of appeal as a result of second-hand mailing will be time barred and of no effect.
- Electronic copy: By email delivered to [email protected]. Do not address appeals to any other departments or locations. Appeals received by the office of the Committee of Adjustment after the last date of appeal as a result of incorrectly addressed emails will be time barred and of no effect. If the information submitted will include large file sizes not able to be sent in one email, please contact [email protected] in advance to request a file sharing link.
What information must be submitted for the appeal to be considered?
Planning Act Section 53(19) & 45(12) appeals must include:
- Notice of appeal, the Ontario Land Tribunal (OLT) Appeal Form, this can be found by contacting Committee of Adjustment staff at the 5th floor of City Hall or at the OLT website https://olt.gov.on.ca/appeals-process/forms/, a cover letter, etc. may also be submitted if there is not sufficient room in the form;
- Filing fee, the fee is currently $400 (subject to change) and must be paid as outlined on the OLT Appeal Form;
- All other information as required by the Appeal Form.