The Planning Division will circulate the complete application to staff and external agencies for comment. If there are any concerns, you will be informed and will have the opportunity to respond/address feedback before the public hearing date.
Land Division by Consent and Severance
Are you looking at selling a portion of your property? You may need to apply for a land division consent or severance from the City of Kenora. A consent is the authorized separation of a piece of land to form a new lot(s) or a new parcel of land(s). This is also called a land severance.
View the application fees.
Pre-consultation
Before filing an application, it is recommended that you contact the Planning team to set up a pre-consultation meeting. During the meeting, we will outline what you need to include in your application, including the planning rationale.
When do I need a consent?
You will need to apply for a consent/severance if you want to sell a portion of your property. Consent approval is also required for:
- rights-of-way
- easements
- any change to your existing property boundary or boundary adjustment
Consent and severance criteria
In considering each application for consent, the Committee of Adjustment will evaluate your proposal against criteria such as:
- the intent and purpose of the Official Plan and Zoning By-law;
- relevant servicing policies of the Official Plan;
- compatibility with adjacent uses of land;
- vehicular access or parking;
- protection of the natural environment (e.g. potential flooding); and
- public input
One of the main determining factors is whether or not both the land you wish to retain and the land you wish to sell meet the minimum lot area and lot frontage requirements within the Zoning By-law.
To confirm minimum lot area and frontage for a property, please review the Zoning By-law and our maps tool to assist you in determining the zoning of subject property.
Approval process and time frame
Consent applications typically take one to two months before conditional approval is given, after the application is deemed complete. This includes the mandatory appeal period of 20 days after notice of the Committee's decision is given. After you receive notice that no appeals have been submitted, you can begin to fulfill all conditions of the approval, such as getting the subject property surveyed.
You will be required to install a notification sign on the lands affected by the proposed consent. A hearing date will be assigned and the City will notify all property owners within 60 metres of the subject property of the application at least 14 days.
Decisions on consent applications are made by the Committee of Adjustment. The Committee will ask you to explain the proposal and answer any questions during the hearing. The Committee will also invite other parties to speak in support of, or in opposition to, the application.
Committee decision and appeal period
The Committee considers the Planner’s comments and the option of public delegations and may render a decision, adjourn the application or reserve its decision. The Committee will grant a consent if the criteria established under the Planning Act, are met. The criteria include:
- Conformity with the official plan and compatibility with adjacent uses of land
- Compliance with the City of Kenora Zoning By-law
- 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, sewage disposal
- The need to ensure protection from potential flooding
- Provincial Planning Statement
The Committee’s written decision will include conditions of approval. As the applicant, you will have two years from the date of the Committee’s decision to satisfy the conditions. Otherwise, the consent will lapse. This decision, including the conditions, may be appealed to the Ontario Land Tribunal, in accordance with their requirements.
If you want to learn more about appeal rights, see our Key Planning and Development Topics page.
If you, as a member of the public, would like to get involved, you can:
- Submit written comments to the Secretary-Treasurer of the Committee
- Attend the Committee of Adjustment public hearing
- Make a presentation when the proposed consent to sever is presented for review at a public hearing
If you decide to make a presentation, be prepared to come with information about how you believe the proposal impacts you. It is important to note that the Committee is not mandated to deal with:
- Private disputes between neighbours
- Demolition and construction related activities
- Property standards issues
- Forestry and urban tree issues, including tree cutting and removal
- Rights to a view
- Capacity of municipal services
- Grading and drainage issues
Under the Planning Act, only the applicant, the Minister, or a specified person or any public body can appeal a Decision of the Committee of Adjustment to the Ontario Land Tribunal.
Other land division options
There are two different land division options available.
If several consents are intended in the same area, a plan of subdivision may be more appropriate.
Council may pass a by-law to permit whole blocks and lots within registered plans of subdivisions to be further divided.
Additional resources
Check out these important resources:
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