Committee of Adjustment
Hamilton City Hall
71 Main Street West, 5th Floor
Hamilton, Ontario, L8P 4Y5
Call 905-546-2424 Ext. 4221
Email [email protected]
General Inquiry Email
We strongly recommend that you contact planning staff to determine the feasibility of your Consent or Minor Variance application. Send us an email with the property address and 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 to 9 weeks. Additional time may be required to fulfill conditions if a provisional approval is granted.
How to Apply for a Consent to Sever Land
Prior to submitting an application, it is strongly recommended that you contact Planning staff in order to determine the feasibility of your proposal at [email protected] or by visiting the front counter of the 5th floor at City Hall, 71 Main Street West, Hamilton. Please include the subject address, brief sketch and/or explanation of the proposal.
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 make an application for Consent to Sever Land or Validation of Title within the City of Hamilton. In this form, the term "subject land" means the land to be severed and the land to be retained. The “severed land” means the land to be severed, leased, grant easement over etc. The “retained land” means the remainder of the subject land.
Complete Consent to Sever Land Application Form
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.
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 4
- One (1) of any additional information, including studies and payment.
All applications are required to be submitted in electronic format via the City of Hamilton’s Customer Portal. If you require alternate arrangements, contact the Planning Division at 905-546-2424 ext. 1355 or [email protected] for assistance.
Application fees must be made upon submission or the application is deemed incomplete. Fees are non-refundable. Fees can be paid online by credit card or by cheque or certified cheque (payable to “City of Hamilton”) and must be accompanied by a cover letter or Fee Intake Memo.(PDF, 129.58 KB)
Refer to the Planning Division Fees page for a complete list of application fees.
Review fees for other external agencies (Conservation Authority, Hamilton International Airport) may be applicable, and the applicant shall contact each agency for confirmation of their fees.
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 and boundaries of the property for which the application is being made (note: a sidewalk is not usually a lot line);
- The boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land;
- The distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge;
- The location of all land previously severed from the parcel originally acquired by the current owner of the subject land;
- The approximate location of all natural and artificial features on the subject land, and adjacent land, that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic systems;
- The current uses of land that is adjacent to the subject land;
- The location, width and name of any roads within, or abutting, the subject land, indicating whether it is a Provincial Highway, City Road, an unopened road allowance, a public traveled road, a private road or a right-of-way;
- If access to the subject land is by water only, the approximate distance of the parking and docking facilities from the subject land and the nearest public road;
- The location and nature of any easement affecting the subject land;
- The location, size and type (e.g. deck, Single Detached Dwelling, etc.) of all existing buildings, structures or uses on the subject property, including setbacks measured from the front, rear and side lot lines; and
- Clearly labeled “Severed” (or leased, easement, etc.) and “Retained” (or remainder) portions of the land, along with proposed dimensions. If creating more than one new lot with the application, please ensure labels on sketch match labels on the application form.
- The information provided must be legible and drawn with good drafting techniques.
If this is your first time applying online with the City of Hamilton, you’ll need to complete two simple steps.
Step 1: Create a City of Hamilton Account (my.hamilton.ca)
You will need to create an account at my.hamilton.ca/
- This is the City’s centralized access point that allows you to easily view, access, and submit a wide range of City services using one account.
- Once your City account is created, you can sign in anytime to manage your services online.
Step 2: Access the Customer Portal
- After signing into my.hamilton.ca/, select the Planning & Development Applications category to create your Customer Portal account.
- Once you are setup on the Customer Portal, navigate to Getting Started and select Planning & Growth Management. Select an action and follow the steps.
Need Help?
- For assistance with my.hamilton.ca and login troubleshooting visit My.hamilton Portal FAQs
- For assistance with applying, visit Planning, Permitting, Licensing & By-Law System
If you already have:
- a my.hamilton.ca account, and
- a Customer Portal account,
Visit my.hamilton.ca/ and select the Planning & Development Applications category. Navigate to Getting Started and select Planning & Growth Management. Select an action and follow the steps.
Need Help?
- For assistance with my.hamilton.ca and login troubleshooting visit My.hamilton Portal FAQs
- For assistance with applying, visit Planning, Permitting, Licensing & By-Law System
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 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.