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Consent (CSNT)

A land severance or consent (CSNT) is the authorized separation of a piece of land to form a new lot or a new parcel of land. A consent application is also required if you want to sell, mortgage, charge for, or enter into an agreement (of at least 21 years) for a portion of your land, or for the establishment of easement, or the correction of title. If several severances are intended in the same area, a plan of subdivision may be required. This Land Division Consent application process may take approximately 3 to 18 months to complete.

Severance applications must meet specific criteria established under the Planning Act, including but not limited to the following:

  • Conformity with the Official Plan and compatibility with adjacent uses of land;
  • Compliance with the City’s Zoning By-laws;
  • The availability of adequate servicing (water and sewers);
  • Adequacy of vehicular access;
  • Suitability of lands for the proposed use; and
  • Suitability of the shapes and dimensions of the proposed lots.

On September 19, 2024, the Ontario Land Tribunal (OLT) approved the City’s Comprehensive Zoning By-law (CZBL) 2024-19 on a City-wide basis, save and except for lands associated with remaining site-specific appeals. The OLT has ruled that the CZBL shall be deemed to have come into force on January 31, 2024.

Not all properties within the City are affected by the new Comprehensive Zoning By-law 2024-19. Please
click here to check if your property is affected by this new Zoning By-law. Areas that are greyed out on the attached interactive map are not included in the new Comprehensive Zoning By-law 2024-19.

Please be advised that:

Committee of Adjustment applications currently in process for lands not affected by an appeal to By-law 2024-19 will now be governed by this new zoning document. If a variance was solely required under a previous zoning by-law but is no longer necessary under 2024-19, applicants have the option to withdraw their variance application. Please confer with City Staff on potential next steps.

The Comprehensive Zoning By-law (CZBL) includes transitional provisions in Section 1.7 for complete applications received before January 31, 2024. These provisions will be in effect until January 31, 2027. Any applications affect by these transitional clauses must secure building permits before January 31, 2027.

Please contact Committee of Adjustment Staff for more information on how this may impact your application at 905.475.4721 or coa@markham.ca.

 

Zoning Preliminary Review

Applicants are required to obtain a Zoning Preliminary Review (ZPR) with the Building Standards Department prior to submission of their application. The ZPR identifies the zoning requirements and development standards applicable to the subject property, and any relief from the zoning by-law required to permit the proposed development. If relief is required, an accompanying variance may be required prior to the completion of the consent process. 

For more information, please contact the Building Standards Department at 905.475.4870 or bsd@markham.ca. Do note that an additional fee is required for the ZPR. 

It is also mandatory that applicants consult a District Planning Manager prior to submitting an application for Consent. Please contact the Development Services Counter (dsc@markham.ca; 905.475.4861) or the Secretary-Treasurer (coa@markham.ca; 905.475.4721) for further inquiries.  

Application Submission

Applications are submitted online via ePLAN. Any related Minor Variance applications can also be applied for under the same Consent ePLAN file. 

When an application has been received, a Development Technician will conduct a preliminary ‘Prescreen Review’ to ensure that required plans and documents have been uploaded. The Development Technician will also check to make sure that all submitted plans and documents meet our ePLAN Submission Standards. Application fees will also be determined and confirmed at this stage. 

Note: A submission does not become an application with a review timeline until it has passed the Prescreen Review Process and application fees have been paid. 

For more information on how to submit an application, please refer to the following documents: 

Deeming Review

Pursuant to the City of Markham Official Plan Amendment No. 172, prior to processing an application for Consent, the application shall be complete. The deeming process will begin once application fees have been received. The file planner will then review the file to determine if additional technical studies, plans and / or other items are required to be submitted with an application in order to be deemed complete.

Circulation

Once the application has passed the prescreen and deeming review, the Development Technician will circulate the file to an assigned Planner, as well as internal and external agencies for review.

Staff Review and Comments

Staff will work with the applicant to resolve issues identified during the review. If applicable, the applicant will revise and resubmit plans and documents for review.

Posting of Notice Signs

City Staff will provide the applicant with the required sign, and the date for the posting of the sign. Signs should be posted at least 14 days before the public hearing date. Unless otherwise directed by the Secretary-Treasurer of the Committee of Adjustment, the sign shall be posted in a location that is clearly visible and legible from a public highway, or other place to which the public has access. Signs shall not be obscured from view by vegetation or other obstructions.

If a sign is not posted before the required time, the application will be deferred to the next available meeting.

Mailing of Notices of Hearing

The Planning Act requires Notices of Hearing to be mailed out to property owners within 60 metres of the subject property. The City of Markham mail Notices of Hearing to property owners within 120 metres of the subject property. Notices of Hearing are mailed out 14 days before a public hearing.

Committee of Adjustment (COA) Meeting

COA meetings are held twice a month at 7 PM. These meetings are open to the public. For more information, please visit our What To Expect at a Committee Meeting page.

Notice of Decision

Verbal decisions will be provided by the COA at the public hearing. Written decisions will be forwarded to relevant parties no later than 10 days from the making of the decision in accordance with the Planning Act. If a member of the public would like to receive a copy of the Committee’s Decision, they must request a copy of the Decision from the Secretary-Treasurer in writing.

Appeal to the Ontario Land Tribunal (OLT)

Note:  As of November 28, 2022, only the applicant, the Minister of Municipal Affairs and Housing, or a specified person or public body, as specified under subsection 1(1) of the Planning Act, may appeal a Decision of the Committee of Adjustment.

When filing an appeal to the OLT, please note that there will be a charge of $400.00 (made payable to the Minister of Finance) and an additional administration fee of $274.50 plus HST (a separate cheque made payable to the City of Markham). Appeals are to be submitted to the Secretary-Treasurer of the Committee of Adjustment, Development Services.

Appeals can be submitted at the dropbox located outside the Thornhill Entrance at 101 Town Centre Boulevard.

Note: Please contact COA staff prior to submitting an appeal during this emergency period as the Markham Civic Centre is still closed to the public.