Minor Variances and Consent

Application guidelines 

Before you apply

Before you prepare and submit your application to the Committee of Adjustment, it is strongly recommended that you consult with Development Review staff to discuss the merits of the proposal, confirm variances that may be required and identify any documentation needed in support of the application.

How do I apply?

If you wish to apply to the Committee of Adjustment and Consent, you should obtain and complete the application form and submit for a pre-submission review. The application form outlines the requirements for submitting an application for minor variance. The requirements include a site plan or survey which will indicate the location of the property, the setbacks of all buildings or structures on the property and sufficient information to clearly identify the variance required. 

The application package is available at the Development Services Department Office, 150 Mary Street, Second Floor.

Pre-submission 

A minimum of three weeks prior to the final COA Deadline, the following is required:

• A completed draft application and drawings are to be provided to Committee Secretary-Treasurer for pre-planning/zoning review electronically.  
• All sketches/drawings are to be no larger than 11”x17” and legible. 
The required site plan must show:
1. boundaries and dimensions using metric measurements;
2. location, size and type of all existing and proposed buildings and structures, indicating the distance of the buildings or structures from the lot lines for the front, rear and side yards (in metric);
3. the location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land that; in the opinion of the applicant, may affect the application.  Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks;
4. In the case of rural applications, both the existing and/or proposed well(s) and septic system(s) must be clearly shown;
5. the location and nature of any easements affecting the subject land
• Floor plans and building elevations as required
• Additional supporting documentation as may be determined by Town Planning Staff; for example, planning justification, parking brief, traffic study.

Final submission

The Town of Milton is accepting applications electronically at this time. With respect to your submission, please note the following:

1. Completed application form (with signatures).  Please ensure the PDF copy is generated from the form provided and not a scanned copy.
2. One set of the latest drawings and any reports in PDF format and generated directly from the software used to create them (Word, Excel, AutoCAD, Softplan, Revit, etc.) using a PDF printer or converter (no scanned copies). All PDF files must have the document properties/restrictions/security permissions set to allow “Printing” and “Adding Markups”.

• The files must be uncompressed (no zipped files and no folders)
• Label PDFs properly (No file numbers and dates - Planning Justification Report, Concept Plan, Draft Plan of Subdivision, Traffic Impact Study, etc.)
• Each PDF file must not exceed 15MB

What happens next?

Once a completed application has been submitted, Requests for Comments and Notices of Public Hearing are circulated a minimum of ten days prior to the Committee hearing (as required by the “Planning Act”).

The application package is circulated to certain municipal departments and agencies for review and comment. A Town Planner will provide recommendations to Committee Members, the Owner and Agent. These recommendations have been evaluated by Town Planning staff in conjunction with a technical review by commenting agencies and Town departments. Copies of comments received, other than those of “No Objections/No Concerns”, will be made available to the applicant or agent, prior to the Public Hearing. A Notice of Public Hearing is also sent to property owners within 60 metres of an urban property or 120 metres of a rural property. These owners have the right to attend the scheduled hearing and express any concerns or support they may have.

What happens at the hearing?

At the hearing, you or your authorized agent will be required to make a verbal presentation of your case to the Committee. Please bring a copy of your plans with you to the Hearing for your presentation. Plans should be a maximum of 11x17” paper format for the document camera. Presentations may also be made by any other interested parties in support or in objection to your application.

The Committee considers all presentations for and against your proposal and renders a verbal decision in the presence of all interested parties at the time of the public hearing. An approval of your application may be subject to such conditions and/or restrictions as the Committee deems appropriate.

What happens after the hearing?

A written decision from the Committee will be sent to the applicant, authorized agent and any and all persons that requested a copy of the decision within 10 days from the date of the hearing. At the end of the 20-day appeal period, if there has been no appeal filed, the decision will become final and binding and a notice to this effect will be issued.

Where specific conditions of approval have been imposed by the Committee, all requirements must be fulfilled to the satisfaction of the agency having recommended the condition and associated confirmation is to be provided to the Committee Secretary-Treasurer. Obtaining these clearances (generally subject to a specific timeframe) is the sole responsibility of the applicant. An approval will only be considered final and complete, when all conditions have been fulfilled within the stipulated timeframe.

Appeal provisions

The decision of the Committee of Adjustment and Consent is subject to appeal within 20 days from the date that the decision is signed. During the appeal period no one other than the applicant, the municipality certain public bodies and the Minister will be allowed to file an appeal of the Committee’s decision to the Ontario Land Tribunal (OLT). During the appeal period the applicant, the municipality, certain public bodies or the Minister may file an appeal of the Committee’s decision to the OLT. The notice of appeal is filed with the Secretary Treasurer of the Committee of Adjustment. The notice of appeal must be in writing and outline the reasons for the objection. A certified cheque or money order in the amount of $400 payable to “Minister of Finance” must be included with a notice of appeal form. An administrative fee is also required by the Town to process the appeal documents in the amount of $349 payable to the Town of Milton and must be included with the appeal package.

The notice of appeal, the fees and all required documents will be forwarded by the Secretary-Treasurer to OLT.  All further inquiries will be handled through OLT staff.

All additional information regarding the appeal process is available on the Tribunal’s website

2024 submission schedule

This schedule applies to minor variance applications only. All Committee of Adjustment hearings are held monthly on Thursday evenings at 6 p.m.  

A draft copy of the application form and associated drawings is required for preliminary zoning/planning review and forwarded electronically to the Committee Secretary-Treasurer. Once staff have completed the necessary review, the applicant will be advised and final submission (including all copies fees, etc.) can be made directly to the Committee Secretary-Treasurer.

View the 2024 Submission Schedule

Minor variance fees

*Type 1 = (Decks, fences, accessory structures, parking on residential driveways, agricultural buildings, public uses, high density residential developments and residential additions less than 75m²)

**Type 2 = New dwellings or residential additions greater than 75m²)

***Type 3 = Commercial / Industrial / Institutional uses

Planning fees are due at time of submission. A cheque made payable to the Town of Milton can be submitted either by mail or in person (Drop Box or at Cashiers in the Main Lobby) to the attention of Planning Administrator at Town Hall at 150 Mary Street, Milton. The applicant must provide the following information with all cheque payments:

• Applicant/Owner Name
• Site Address
• File Number (if known).

Missing information can cause delays in processing your payment and application.

Applicable Halton Region fees should be forwarded directly to Halton Region. Visit Halton Region's website for fee information and on how to submit your payment. 

Applicable Conservation Halton fees are to be forwarded directly to Conservation Halton. Visit Conservation Halton's website for fee information and how to submit your payment.

The Town’s User Fee By-law notes that minor variance application fees are non-refundable, upon withdrawal of any application, regardless of the timing of the withdrawal.

Consent guidelines

What is an application for consent?

The owner of land or a person authorized in writing by the owner, who wishes to convey part of their land may apply to the Committee of Adjustment for “consent” to convey the land. 

The Planning Act requires property owners to obtain “consent” approval before conveying part of their property. Approval is also required when the terms of an agreement, such as lease, easement, mortgage comments the land to use for period in excess of 21 years. 

The powers under the Planning Act to give “consent” has been delegated to the Committee of Adjustment. The Committee is composed of three members who are pointed by the Council of the Town of Milton.

In addition to “consent” the Committee of Adjustment has also been delegated the power to issue a “certificate of validation”. A “certificate of validation” is required where there has been or there is a violation of the Planning Act which affects the title of the land and the beneficial owner is not the “paper” title owner.

How do I apply?

The Town’s Complete Application Policies require that persons intending to make application for consent (to sever) participate in a pre-consultation process prior to submitting an application.

The pre-consultation process provides both the Town and commenting Agencies an opportunity to review the feasibility of a draft development proposal and to identify the scope of additional supporting information or material that may be required for the review of any resultant consent application. Where pre-consultation requirements are not satisfied and/or all required supporting information or material is not provided at the time an application is submitted, staff may deem the application incomplete and refuse to accept it.

Please contact the Committee of Adjustment Office to schedule a pre-consultation at 905-878-7252, ext. 2313 or via email.

Application requirements

Documents

One original signed completed application form and plans/sketches/drawings (original signatures required) (all sections completed) plus five copies of above plus one digital copy of all plans/sketches must be provided to the Committee Office via email or USB. All copies are to be collated and stapled no larger than 11” x 17”) is required for each new lot created (not including the retained lot) and/or lot addition, easement, lease, etc. 

Application form and supporting documentation

It is the responsibility of the owner or authorized agent to provide complete and accurate information. At time of submission, the following is required:

• One fully-completed original application form, plus six copies. Each complete copy/set must be collated.
• All supporting documentation – reports and studies, etc. (including paper and digital format), as identified through the pre-consultation process. 
• All requisite fees. Please note, the Town's User Fee By-law notes that consent application fees are non-refundable, upon withdrawal of an application, regardless of the timing of withdrawal.
• All required drawings and sketches – must be to scale and clearly legible; drawing specifications are further detailed within these Guidelines.
• Completed Environmental Site-Screening questionnaire (1 copy).
• Phase 1 and/or Phase 2 Site Assessment Report: Halton Region may further require a Phase 1 and/or Phase 2 Site Assessment Report, upon review – applicant to be advised; or If already completed/available (1 copy).
• Where applicable, Regional Farm Data Sheet. This information is required if either the severed or retained parcel is to be used for: agricultural purposes or farm-related rural residential purposes.
• One (1) CD or USB with application, drawings, sketches and reports in PDF format.  All PDF documents must be original documents (not scanned). Files must be uncompressed with no zip files or folders.

Any additional information that may be useful in the review of the application, including:

• Explanatory letter – providing background, purpose of application, justification and photographs that may be useful in the review of the application.
• A property deed/parcel register etc. may be required as proof of ownership.

The application will not be accepted until all sections of the form are considered to be complete and all requirements have been met. If the submission is incomplete or inaccurate, the application will be returned (without prejudice) for completion, correction or clarification prior to acceptance and processing by Town staff.

Drawing specifications – including location map, consent sketch, etc.

• A location map showing general location of property within context of surrounding area.
• A legal survey or consent sketch of the subject property showing:
  • Boundaries, including ALL dimensions (and sizes) of proposed parcels of land, with the severed and retained parcels outlined and clearly identified as such (e.g. ‘Parcel A – to be severed’ and ‘Parcel B – to be retained’);
  • Location of all existing buildings/structures (including setbacks to lot lines), watercourses, driveways, highways, railways, wetlands, wooded areas, easements (specifying type of easement), etc.;

• In the case of all rural applications, both the existing (and proposed, if any) well and septic system are to be clearly shown (including setbacks to any structure and/or wetland).
• Typically, a consent sketch is prepared by an Ontario Land Surveyor or equivalent professional. A draft reference plan is similarly acceptable.

• Any additional building, elevation or site plan drawing that may be related to the proposal and/or is requested by Town staff.
• Where full-sized copies of drawings are submitted with the application, a corresponding reduced version of each drawing (no greater than 11” x 17”) is also required for public circulation purposes. Over-sized drawings must be folded to a size no greater than 11” x 17”.
• All drawings must also be submitted in digital format.

What happens next?

Agency circulation

Following acceptance of an application, the Committee Secretary-Treasurer circulates a request for comments to specified Town departments and other agencies. Copies of agency comments (other than ‘no objections’) will be provided to applicant, together with the consolidated Town planning report.

Public notice

A notice placard(s) will be provided to the applicant and is to be posted as soon as possible in a visible location on the property. The owner/agent must provide written confirmation (including photographs) to the Secretary-Treasurer that the sign has been posted and the placard is to remain in place until the application process is complete.  Following the sign posting, a public notice of the application will be sent to urban property owners within a 60-metre range of the affected property or, in the case of the rural area, 120 metres. These neighbouring property owners have the right to express any concerns or support they may have regarding the proposal. Written comments, if received, will form part of the public record and will be provided to Staff and the applicant for consideration. Such personal information is collected under the authority of the “Planning Act” and will be used solely during the review of and to provide public notice required with respect to the associated consent application.

Comments on application

If none of the circulated agencies or surrounding property owners has any concerns with the proposed severance application and the applicant is in agreement with all of the recommended conditions of approval, the Town’s Planning Director has been delegated the authority to approve such “undisputed” consent applications. However, if circulated agencies or surrounding property owners object to the proposal and/or if the applicant is not in agreement with all recommended conditions of approval, the “disputed” application will be redirected to the Committee of Adjustment and consent for review and will be heard by the Committee at the next regularly-scheduled hearing date, subject beforehand to meeting the public circulation requirements of the “Planning Act”. 

Hearing and decision

In the event that a Committee Hearing is required, Members will consider all available evidence, including what may be provided by those in attendance, and a public decision will generally be made at that time. A copy of the decision will be mailed to the applicant and those having made a written request. A 20-day period follows the date of the decision being mailed, during which time the decision may be appealed to the Local Planning Appeal Tribunal. The applicant and agent will be notified whether or not an appeal is made. Important: Where a public hearing is required, either the applicant or a designated representative must be present at the scheduled hearing. Otherwise, the Committee may defer consideration of the application until a later date.

No appeal

If no appeal is registered within 20 days of the decision having been mailed, the decision of the Planning Director or Committee is considered to be final and binding, whether approved or denied. If an application is approved, provisional consent is considered to have been granted, and is subject to clearance of any related conditions within a one-year timeframe.

Appeal

If any party objects to a decision, that decision may be appealed to the Local Planning Appeal Tribunal (LPAT) within the defined 20-day appeal period. During the appeal period any person having an interest in the application may file an appeal of the Committee’s decision to the LPAT. The notice of appeal is filed with the Secretary Treasurer of the Committee of Adjustment.  The notice of appeal must be in writing and outline the reasons for the objection. A certified cheque or money order in the amount of $400 payable to “Minister of Finance” must be included with a notice of appeal form.

The notice of appeal, the fees and all required documents will be forwarded by the Secretary-Treasurer to LPAT. All further inquiries will be handled through LPAT staff. All additional information regarding the appeal process is available on the Tribunal’s website.

Conditions of approval

Following issuance of provisional consent, there is a one-year timeframe in which the applicant must satisfy all conditions of approval. It is the responsibility of the applicant to obtain clearances in a timely fashion and to ensure that the Committee Secretary-Treasurer is provided with confirmation of clearances. If the conditions are not satisfied, as required, the approval will lapse. The “Planning Act” does not make provision for an extension of any kind.

Issuance of consent certificate

Provided that all conditions are satisfied within one year, the Town is in a position to issue the final certificate consent. It is the responsibility of the applicant to follow up with the Committee Secretary-Treasurer well in advance of lapsing.  Caution: A minimum of 10 business days is required between final clearances being provided and a certificate being issued.

Registration of consent certificate

It is the responsibility of the applicant to register the final certificate of consent within two years of its issuance; otherwise, the consent will fail. Reminders will not necessarily be provided by the Town. The consent is considered to be complete upon registration, after which time the applicant is responsible for promptly providing registration details to the Committee Secretary-Treasurer. Upon receipt, the associated records at both the Town and Municipal Property Assessment Corporation will be updated and the related consent file will be closed.

Consent fees 

Type 2 – Any consent application for a lot line adjustment (lot addition); a permanent easement; or a lease (over 21 years) – where no new lot is proposed to be created. Validations of Title are also included in this category.

Type 1 –  Any consent or severance application not defined as Type 2 (see above). Generally, where any new lot is proposed to be created.  

Effective Jan. 1, 2023, the fees for a consent application are as follows:

Planning fees are due at time of submission. A cheque made payable to the Town of Milton can be submitted either by mail or in person (Drop Box or at Cashiers in the Main Lobby) to the attention of Planning Administrator at Town Hall at 150 Mary Street, Milton. The applicant must provide the following information with all cheque payments:

• Applicant/Owner Name
• Site Address
• File Number (if known).

Missing information can cause delays in processing your payment and application.

Applicable Halton Region fees should be forwarded directly to Halton Region. Visit Halton Region's website for fee information and on how to submit your payment. 

Applicable Conservation Halton fees are to be forwarded directly to Conservation Halton. Visit Conservation Halton's website for fee information and how to submit your payment.

The Town’s User Fee By-law notes that minor variance application fees are non-refundable, upon withdrawal of any application, regardless of the timing of the withdrawal.